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PETER PAUL, INC. v. REDERI A/B PULP

No. 146, Docket 24802.

258 F.2d 901 (1958)

PETER PAUL, INC., et al., Libellants-Appellants, v. REDERI A/B PULP, Claimant-Respondent-Cross Libellant-Appellee, et al.

United States Court of Appeals Second Circuit.

Decided August 27, 1958.

Attorney(s) appearing for the Case

Henry N. Longley, New York City (John W. R. Zisgen, Bigham, Englar, Jones & Houston, New York City, on the brief), for libellants-appellants.

Wharton Poor, New York City (Charles S. Haight, James McKown, Jr., R. Glenn Bauer, Haight, Gardner, Poor & Havens, New York City, on the brief), for claimant-respondent-cross libellant-appellee, et al.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

On February 15, 1951 the M/S Christer Salen, one day out of Yokohama, bound for Vancouver, B. C., was proceeding at a speed of approximately 12 knots into a heavy sea, when without warning and for no apparent reason she suddenly split in two at about the middle of No. 3 hold.

The forward part, after being jammed by a sea into the after part, floated off and sank with the consequent loss of all cargo therein. The after part returned without...

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