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MOORE-McCORMACK LINES, INC. v. RICHARDSON

No. 157, Docket 26485.

295 F.2d 583 (1961)

MOORE-McCORMACK LINES, INC., Petitioner-Appellant-Appellee, v. Jean O. RICHARDSON, Individually and as Executrix of the Estate of Harold R. Richardson, et al., Claimants-Appellees-Appellants.

United States Court of Appeals Second Circuit.

Decided October 25, 1961.

Attorney(s) appearing for the Case

Eugene Underwood, New York City (John J. Crowley, Robert A. Feltner, James W. Lynch, William M. Kimball, Burlingham, Hupper & Kennedy, Francis I. Fallon, New York City, on the brief), for petitioner.

Benjamin H. Siff, John J. Martin, Louis R. Harolds, New York City (Bernard Rolnick, New York City, for claimants Rosario, De Jesus, Hernandez, Henry, Sullivan, Del Valle, Williams; Joseph Friedberg, New York City, for claimant Cadiz; Bigham, Englar, Jones & Houston, and Arthur R. Hohmann, New York City, for claimants Richardson and Wall; Standard, Weisberg, Harolds & Malament, and Lee Pressman, New York City, for claimant Berk; Robert Kilroe and Henry N. Longley, New York City, on the brief), for claimants-appellees-appellants.

Before LUMBARD, Chief Judge, MADDEN, Judge, United States Court of Claims, and WATERMAN, Circuit Judge.

LUMBARD, Chief Judge.

Moore-McCormack Lines, Inc., appeals from a final decree of the United States District Court for the Southern District of New York in an admiralty proceeding awarding damages against Moore-McCormack to eleven claimants for losses resulting from the capsizing of the steamer "Mormackite" off Cape Hatteras on the morning of October 7, 1954, with the loss of 37 lives and a cargo of iron ore and cocoa beans. The death claimants cross-appeal, challenging...

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