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BADHWAR v. COLORADO FUEL AND IRON CORPORATION

No. 328, Docket 24016.

245 F.2d 903 (1957)

R. S. Dass BADHWAR and R. B. Lachhmandass Mohanlal & Sons, Ltd., a copartnership d.b.a. Mulkraj Brothers and Badhwar, Plaintiffs, v. The COLORADO FUEL AND IRON CORPORATION, Isbrandtsen Company, Inc., and American-Hawaiian Steamship Company, Defendants.

United States Court of Appeals Second Circuit.

Decided May 29, 1957.

Attorney(s) appearing for the Case

James F. Dunn, of Dunn & Zuckerman, New York City, for plaintiffs.

Francis S. Bensel, of Kelley, Drye, Newhall & Maginnes, New York City (W. Frederick Knecht, of Kelley, Drye, Newhall & Maginnes, New York City, on the brief), for defendant Colorado Fuel and Iron Corporation.

Woodson D. Scott, of Lord, Day & Lord, New York City, for defendant Isbrandtsen Company, Inc.

Edward J. Heine, Jr. (L. DeGrove Potter, of Kirlin, Campbell & Keating, New York City, on the brief), for defendant American-Hawaiian Steamship Company.

Before CLARK, Chief Judge, and HAND and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

This appeal presents interesting issues concerning the duty of an American seller under a C.I.F. contract to select a suitable ship to carry goods to a foreign buyer on the eve of an impending strike. The facts are fully stated in the reasoned opinion of the district court, D.C.S.D.N.Y., 138 F.Supp. 595; and so we shall limit ourselves to a summary statement. In early August 1948 The Colorado Fuel and Iron...

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