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CONTINENTAL INS. CO. v. UNITED STATES

No. 176, Docket 22243.

195 F.2d 527 (1952)

CONTINENTAL INS. CO. et al. v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided April 2, 1952.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, John W. R. Zisgen, New York City, of counsel, for libellants-appellants.

Myles J. Lane, U. S. Atty., by Irving L. Evans, New York City, for respondent-appellee.

Before L. HAND, AUGUSTUS N. HAND and CHASE, Circuit Judges.

PER CURIAM.

The appellant states correctly that "the sole issue presented by this appeal is whether the test of the discharge assemblies at Baltimore, described above, was a proper and adequate test of the sufficiency of these assemblies to withstand water pressure from without the ship; i. e. whether respondent had exercised due diligence to make the assemblies seaworthy." There is no dispute of fact: i. e.

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