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MITSUBISHI INTERNATIONAL CORP. v. S.S. PALMETTO STATE

No. 28, Docket 27507.

311 F.2d 382 (1962)

MITSUBISHI INTERNATIONAL CORPORATION, Libellant-Appellant, v. S.S. PALMETTO STATE and States Marine Corporation of Delaware, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 4, 1962.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City (F. Herbert Prem, New York City, of counsel), for libellant-appellant.

Kirlin, Campbell & Keating, New York City (Richard H. Sommer and L. de Grove Potter, New York City, of counsel), for respondent-appellee.

Before CLARK, MOORE and SMITH, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

This is an appeal from a final decree in an admiralty action in which the libellant (the shipper) sought damages for injury to cargo shipped on respondent's vessel, "Palmetto State". The notice of appeal specifically seeks to review the questions "(1) were the bulky heavy cases of libellant's cargo `packages' within the terms of Section 4(5) of the U. S. Carriage of Goods by Sea Act (46 U.S.Code, Sec. 1304(5)), and of the bill of lading...

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