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L. SKALNEY BASKET COMPANY v. S.S. RADNIK

No. 39, Docket 27465.

312 F.2d 177 (1963)

L. SKALNEY BASKET COMPANY, Fehr Bros. Manufacturers, Inc., The Otto Gerdau Company, Grand Basket Company, R. Greenspan & Co., Inc., J. Gerber & Co., Inc. and United Basket Company, Inc., Libellants-Appellees, v. S.S. RADNIK, her engines, etc., and Jugoslavenska Linjska Plovidba, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 2, 1963.

Attorney(s) appearing for the Case

F. Herbert Prem, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for libellants-appellees.

Lawrence J. Mahoney, New York City (Dougherty, Ryan, Mahoney & Pellegrino, New York City, on the brief), for respondent-appellant.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

MEDINA, Circuit Judge.

In this proceeding in admiralty to recover for cargo damage against the vessel and her owner, the answer of the shipowner has been stricken for failure to produce certain documents as required by a discovery order. The interlocutory decree striking the answer contains the customary reference to a Special Commissioner to ascertain the amount of the damages sustained by the owners of the cargo. From this interlocutory decree the shipowner appeals...

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