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MOORE-McCORMACK LINES, INC. v. ARMCO STEEL CORP.

No. 69, Docket 25329.

272 F.2d 873 (1959)

MOORE-McCORMACK LINES, INC., Petitioner-Appellant, v. ARMCO STEEL CORPORATION, Wessel, Duval & Co., Inc., et al., Claimants-Appellees. MOORE-McCORMACK LINES, INC., Cross-Libellant-Appellant, v. Luisa V. WALL, as administratrix of the goods, etc., of Edward T. Wall, deceased, Respondent-Appellee. MOORE-McCORMACK LINES, INC., Cross-Libellant-Appellant, v. Jean O. RICHARDSON, as executrix under the last will and testament of Harold R. Richardson, deceased, Respondent-Appellee. Petition of MOORE-McCORMACK LINES, INC., as owner of THE Steamship MORMACKITE, for exoneration from or limitation of liability.

United States Court of Appeals Second Circuit.

Decided November 30, 1959.

Rehearing Denied December 31, 1959.

Attorney(s) appearing for the Case

Eugene Underwood, New York City, for appellant.

Burlingham, Hupper & Kennedy, New York City, for petitioner-cross-libellantappellant Moore-McCormack Lines, Inc., Hervey C. Allen, Robert A. Feltner, Richard C. Hatch, New York City, of counsel.

Henry N. Longley, New York City, for appellees.

Bigham, Englar, Jones & Houston, Bernard Rolnick, Joseph Friedberg, Cooper, Ostrin & De Varco, William L. Standard, Shafter & Shafter, New York City, for claimants, John J. Martin, Robert H. Kilroe, Herbert J. De Varco, Louis R. Harolds, Jack Steinman, New York City, of counsel.

Before CLARK and HAND, Circuit Judges and SMITH, District Judge.

HAND, Circuit Judge.

The Moore-McCormack Lines, Inc., the owner of the steamer, "Mormackite," appeals from a judgment of the District Court denying its petition for exoneration from, or limitation of, liability for the loss of life and cargo when its vessel, the "Mormackite," sank off Cape Hatteras on the morning of October 7, 1954 with the loss of her cargo of iron ore and a parcel of cocoa beans, together with that of 37 of the ship's company, including her master...

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