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HERSHEY CHOCOLATE CORPORATION v. MARS

No. 12972.

273 F.2d 617 (1960)

HERSHEY CHOCOLATE CORPORATION and A. C. Israel Commodity Co., Inc., Appellants v. THE Steamship MARS, Her Engines, Boilers, Machinery, Etc. and All Persons Having Any Interest Therein, and Westfallersen & Co., A/S J. Ludwig Mowinckels Rederi, Trading as Southern Cross Line, Her Owners, Appellees.

United States Court of Appeals Third Circuit.

Decided January 29, 1960.

Attorney(s) appearing for the Case

Harrison G. Kildare, Philadelphia, Pa. (Rawle & Henderson, Thomas F. Mount, Philadelphia, Pa., on the brief), for appellants.

Mark D. Alspach, Philadelphia, Pa. (Krusen, Evans & Shaw, Springer H. Moore, Jr., Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

PER CURIAM.

The sole question before us is whether Judge Egan in the district court properly decided that the appellees were not responsible for spoilage of the part of the cargo involved. We think he did. There is substantial testimony in the record fully justifying that decision.

The findings and conclusions of the district court on this phase of the suit, 172 F.Supp. 321, will...

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