GARDNER v. THE CALVERT

Nos. 12178, 12179.

253 F.2d 395 (1958)

Charles GARDNER v. THE CALVERT, Her Engines, Machinery, Tackle, Fittings, Equipment, etc., and Ernest E. Fuchs and Sound Steamship Lines, Inc., and All Other Persons Lawfully Intervening for Their Interests. Appeal of Charles GARDNER. Appeal of Ernest E. FUCHS and Sound Steamship Lines, Inc.

United States Court of Appeals Third Circuit.

Decided March 7, 1958.

Writ of Certiorari Denied May 19, 1958.


Attorney(s) appearing for the Case

Sidney M. Wittner, New York City (Lasser & Lasser, Newark, N. J., on the brief), for Gardner.

Corydon B. Dunham, New York City (Marcel Wagner, Jersey City, N. J., Curley C. Hoffpauir, New York City, on the brief), for Fuchs.

Curley C. Hoffpauir, New York City (Marcel Wagner, Jersey City, N. J., Corydon B. Dunham, New York City, on the brief), for Sound S. S. Lines.

Before BIGGS, Chief Judge, and MARIS and McLAUGHLIN, Circuit Judges.


Writ of Certiorari Denied May 19, 1958. See 78 S.Ct. 997.

MARIS, Circuit Judge.

These cross-appeals arise out of an admiralty suit brought by the libelant, Charles Gardner, in the District Court for the District of New Jersey against the Motor Vessel Calvert and her alleged owners, the respondents, Ernest E. Fuchs and the Sound Steamship Lines, Inc., following the alleged breach of an oral agreement to charter the Calvert. The libel asserted two causes of...

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