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CATERPILLAR OVERSEAS, S.A. v. S.S. EXPEDITOR

No. 245, Docket 27956.

318 F.2d 720 (1963)

CATERPILLAR OVERSEAS, S.A., Libellant-Appellant, v. S.S. EXPEDITOR and American Export Lines, Inc., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 20, 1963.

Attorney(s) appearing for the Case

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

Haight, Gardner, Poor & Havens, New York City (M. E. DeOrchis, Clifford J. Brenner, New York City, of counsel), for respondent-appellee.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District Judge.

WATERMAN, Circuit Judge.

Caterpillar Overseas, S.A. appeals from a final decree in admiralty denying recovery in its action against American Export Lines, Inc., for damage to cargo. The decree was entered in the United States District Court for the Southern District of New York, Metzner, J., where jurisdiction was based upon 28 U.S.C. § 1333.

On December 30, 1959, Caterpillar shipped two tractors from New York to Tripoli, Libya, on appellee's vessel,...

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