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SCHADE v. NATIONAL SURETY CORPORATION

No. 274, Docket 26482.

288 F.2d 106 (1961)

A. A. SCHADE, doing business as Schade & Company, Libelant-Appellant, v. NATIONAL SURETY CORPORATION and Continental Insurance Company, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided April 4, 1961.

Attorney(s) appearing for the Case

Donald B. Allen, New York City (Edward A. Neiley, and Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for libelant-appellant.

J. Edwin Carey, New York City (Hill, Rivkins, Middleton, Louis & Warburton, New York City, on the brief), for respondents-appellees.

Before HINCKS and MOORE, Circuit Judges, and BRENNAN, District Judge.

HINCKS, Circuit Judge.

This is a suit in admiralty by a general average adjuster against the cargo underwriters to recover the amount charged to cargo as its contribution to general average. The M/V Manabi left Tampa, Florida on April 23, 1953, with a cargo of cigarettes destined for Ecuador. The next day, water entered the ship through a hole in the hull on the forward starboard side five feet below water line. The Manabi was intentionally grounded, and was a constructive...

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