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SCHROEDER BROS., INC. v. THE SATURNIA

No. 301, Docket 23548.

226 F.2d 147 (1955)

SCHROEDER BROS., Inc., et al., Libellants-Appellees, v. The SATURNIA and Italia Societa Anonima Di Navigazione, Claimant-Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided September 22, 1955.

Rehearing Denied October 24, 1955.

Attorney(s) appearing for the Case

F. Herbert Prem, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for libellants-appellees.

John C. Moore, New York City (Haight, Deming, Gardner, Poor & Havens, Tallman Bissell, and Karl V. Kerth, New York City, on the brief), for claimant-respondent-appellant.

Before CLARK, Chief Judge, and FRANK and STALEY, Circuit Judges.

STALEY, Circuit Judge.

This appeal is from an interlocutory decree entered in an admiralty action in the District Court for the Southern District of New York, whereby it was ordered that the libellants, Schroeder Bros., Inc., recover for damaged cargo (shipments of fresh chestnuts) which was being transported to the United States from Italy aboard the motor vessel "Saturnia," owned and operated by the claimant-respondent (respondent) "Italia" Societa Anonima di Navigazione...

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