AMERICAN TOBACCO CO. v. THE KATINGO HADJIPATERA

No. 152, Docket 21874.

194 F.2d 449 (1951)

AMERICAN TOBACCO CO. et al. v. THE KATINGO HADJIPATERA et al.

United States Court of Appeals Second Circuit.

Decided September 13, 1951.

Rehearing Denied February 20, 1952.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City (Henry N. Longley and John W. R. Zisgen, New York City, advocates), for libellants.

Nash, Ten Eyck, Maximov & Freehill, New York City (James E. Freehill and Andre Maximov, New York City, advocates), for petitioners.

Burlingham, Veeder, Clark & Hupper, New York City (Ray Rood Allen, Burton H. White, George F. Tinker and Roscoe H. Hupper, New York City, advocates), for respondent.

Before SWAN, FRANK and LEARNED HAND, Circuit Judges.


FRANK, Circuit Judge.

1. Other than as noted below, the facts are sufficiently stated in the opinion of the able trial judge, reported in D.C., 81 F.Supp. 438. Except as to matters discussed in the succeeding paragraphs, we think the evidence amply supports his findings, and that those findings justify his legal conclusions.

2. As to cargo proved to have been delivered to the ship in apparent good condition and out-turned...

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