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PETITION OF SKIBS A/S JOLUND

No. 353, Docket 24481.

250 F.2d 777 (1957)

Petition of SKIBS A/S JOLUND as owner of THE M/S BLACK GULL for exoneration from or limitation of liability. AMERICAN SMELTING & REFINING COMPANY, Atkinson Haserick & Co., et al., Libelants-Appellants, v. BLACK DIAMOND STEAMSHIP CORP., Respondent-Appellee. Maria VERBEECK et al., Libelants-Appellants, v. BLACK DIAMOND STEAMSHIP CORP., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 29, 1957.

Rehearing Denied January 16, 1958.

Attorney(s) appearing for the Case

Abberley Kooiman & Amon, New York City, for passenger-claimants-appellants; John J. Abberley, New York City, and James D. Gordon, Brooklyn, N. Y., of counsel.

Pyne, Brush, Smith & Michelsen, New York City, for petitioner-appellee, Skibs A/S Jolund; Warner Pyne, Dudley C. Smith, and Vincent J. Ryan, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for cargo and death claimants-libellants-appellants; Henry N. Longley and John W. R. Zisgen, New York City, of counsel.

Dow & Stonebridge, New York City, for respondent-appellee; Daniel L. Stonebridge and Raymond W. Mitchell, New York City, of counsel.

Before CLARK, Chief Judge, and SWAN, and POPE, Circuit Judges.

POPE, Circuit Judge.

The proceedings in the court below grew out of a fire which occurred on the Norwegian M/S Black Gull on July 18, 1952, while she was on a voyage from North European ports to New York. Four members of the crew lost their lives; most of the cargo was either destroyed or damaged, and the vessel became a constructive total loss. These proceedings were three in number: the first was one for exoneration from...

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