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

No. 159, Docket 27741.

311 F.2d 334 (1962)

M. W. ZACK METAL COMPANY, Libellant-Appellant v. S.S. BIRMINGHAM CITY, her engines, boilers, etc. and Bristol City Line of Steamships, Ltd., Claimant-Respondent-Appellee, and The Jarka Corporation, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided December 12, 1962.

Attorney(s) appearing for the Case

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

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

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

Before MEDINA, SMITH and KAUFMAN, Circuit Judges.

MEDINA, Circuit Judge.

M. W. Zack Metal Company appeals from a final decree in admiralty dismissing its libel to recover for cargo damage against the S.S. Birmingham City and her owner, Bristol City Line of Steamships, Ltd. The stevedore Jarka Corporation was impleaded, but we will give no separate consideration to the cross-claim against Jarka as we have decided to affirm the decree.

There have been two trials. We reversed the first decree against Zack because...

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