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OCEAN COMMERCIAL COMPANY v. THE POLYKARP

134 F.Supp. 834 (1955)

OCEAN COMMERCIAL COMPANY, Inc. and Henry D. McCord Corporation, Libelants, v. The POLYKARP, her engines, etc., A/S Kristiansands Tankrederi, Swedish American Line and Swedish American Line Agency, Inc., Respondents.

United States District Court S. D. New York.

April 22, 1955.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, Proctors for Libelants (George B. Warburton and Harry D. Hunter, New York City, of counsel).

Haight, Deming, Gardner, Poor & Havens, New York City, Proctors for Respondents (Tallman Bissell, New York City, of counsel).

PALMIERI, District Judge.

This is an action in admiralty for cargo loss. The libelants seek to recover for the value of two shipments of potatoes delivered to respondent's vessel, Polykarp, at Halifax, Nova Scotia, in June 1949. The potatoes were discharged from the ship at Puerto Cabello, Venezuela, totally destroyed and in such condition that they were ordered condemned and dumped by Venezuelan Government health authorities. The factual controversy in the case revolves...

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