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KUPFERMANN v. UNITED STATES

Nos. 56-60, Dockets 23535-23539.

227 F.2d 348 (1955)

Osias KUPFERMANN and Tobias Kupfermann, co-partners doing business under the firm name and style of O. Kupfermann & Sons, Libelants-Appellees, v. UNITED STATES of America, Respondent-Appellant. Azad B. KARABAGUI and Azad B. Karabagui Rug Corporation et al., Libelants-Appellees, v. UNITED STATES of America, Respondent-Appellant. S. B. PENICK & COMPANY et al., Libelants-Appellees, v. UNITED STATES of America, Respondent-Appellant. AVAKIAN BROTHERS, Inc., Libelant-Appellee, v. UNITED STATES of America, Respondent-Appellant. BALFOUR GUTHRIE & COMPANY, LIMITED, a Corporation, Libelant-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided November 7, 1955.

Attorney(s) appearing for the Case

Yorkston W. Grist, New York City (Hill, Rivkins, Middleton, Louis & Warburton and David L. Maloof, New York City, on the brief), for libelants-appellees Kupfermann and Karabagui.

John W. R. Zisgen, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for libelants-appellees S. B. Penick & Co. and others, Avakian Bros., Inc., and Balfour Guthrie & Co., Ltd.

Arthur M. Boal, New York City (J. Edward Lumbard, Jr., U. S. Atty. for the Southern Dist. of New York, and Tompkins, Boal & Tompkins, New York City, on the brief), for respondent-appellant.

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

PER CURIAM.

These are five surviving libels in admiralty out of a substantial additional number brought for loss or damage to cargo by various shippers of goods consisting of rugs, wool, sheep and goatskins, gum, seeds, walnuts, etc., from the Persian Gulf to New York on the Government's S. S. Shickshinny in March and April, 1946. Judge Murphy heard the libels as consolidated for trial and, in a reasoned opinion, D.C.S.D.N.Y., 123 F.Supp. 99

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