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GREAT ATLANTIC & PACIFIC TEA CO. v. BRASILEIRO

No. 143, Docket 20427.

159 F.2d 661 (1947)

GREAT ATLANTIC & PACIFIC TEA CO. v. Lloyd BRASILEIRO.

Circuit Court of Appeals, Second Circuit.

February 3, 1947.

Attorney(s) appearing for the Case

Henry N. Longley and Bigham, Englar, Jones & Houston, all of New York City (John W. R. Zisgen, of New York City, of counsel), for appellant.

Frank J. McConnell and Purrington & McConnell, all of New York City (James D. Brown, of New York City, of counsel), for petitioner Lloyd Brasileiro.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

These appeals are from a decree in a proceeding by a shipowner to limit its liability for damage by fire and water to the cargo of the ship, "Pocone." As the total claims are less than the conceded value of the ship, no question of limitation arises; and the first and chief issue is of the owner's liability under the fire statute:1 that is to say, whether the fire was ...

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