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M. W. ZACK METAL COMPANY v. THE S.S. BIRMINGHAM CITY

No. 358, Docket 26642.

291 F.2d 451 (1961)

M. W. ZACK METAL COMPANY, Libelant-Appellant, v. THE S.S. BIRMINGHAM CITY and Bristol City Line of Steamships, Ltd., Claimant-Respondent, and Jarka Corporation, Impleaded Respondent.

United States Court of Appeals Second Circuit.

Decided June 19, 1961.

Attorney(s) appearing for the Case

Anthony B. Cataldo, New York City, for libelant-appellant.

Donald B. Allen, of Hill, Betts, Yamaoka, Freehill & Longcope, New York City (James E. Freehill, of Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for claimant-respondent.

Joseph E. Soffey, New York City (George J. Conway, New York City, on the brief), for impleaded respondent.

Before LUMBARD, Chief Judge, CLARK, Circuit Judge, and STEEL, District Judge.

CLARK, Circuit Judge.

Libelant, M. W. Zack Metal Company, appeals from a decree for respondent in an action brought in admiralty to recover for damage to 77 bundles of steel purchased by libelant and shipped to the United States on respondent's SS Birmingham City. After respondent's ship docked in Hoboken, New Jersey, the steel was unloaded by impleaded respondent, Jarka Corporation, a stevedoring company. It was then lightered...

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