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BINSTOCK v. FRIEDMAN

No. 285, Docket 28221.

330 F.2d 267 (1964)

Milton BINSTOCK, Petitioner-Appellee, v. Mildred FRIEDMAN, et al., Executrix of the Estate of Murray Friedman, deceased, Claimants and Cross Claimants-Appellants, and Dolores Glassberg, as Executrix, etc., Claimant-Appellant and Appellee on Crossclaim. Petition of Milton Binstock, as owner of the PLEASURE CRAFT INA B. II, in a cause of limitation of and exoneration from liability.

United States Court of Appeals Second Circuit.

Decided April 7, 1964.

Attorney(s) appearing for the Case

Leo F. Hanan, New York City (Macklin, Hanan & McKernan, New York City, on the brief), for petitioner-appellee Milton Binstock.

Nathan Baker, Hoboken, N. J. (Baker, Garber & Chazen, Hoboken, N. J., and Sidney J. Leshin, New York City, on the brief; Milton Garber and Bernard Chazen, Hoboken, N. J., of counsel), for claimants and cross-claimants-appellants Mildred Friedman and others.

Paul Cherin, New York City (Bernard Ekstein, New York City, on the brief), for claimant-appellant Dolores Glassberg.

Lawrence J. Mahoney, New York City (Dougherty, Ryan, Mahoney & Pellegrino and Haight, Gardner, Poor & Havens, New York City, on the brief; James M. Estabrook, New York City, of counsel), for appellees Mildred Friedman and others.

John L. Quinlan, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for appellee Glassberg Estate.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.

PER CURIAM:

The claimants in this shipowner's limitation of liability proceeding appeal from a final decree dismissing their claims and cross-claims and granting exoneration to the petitioner. Judge Cashin's opinion gives the essential facts that preceded the tragic accident which occasioned this litigation, and is reported at 213 F.Supp. 909.

The appellants' attacks on the decree center on the ideas that the yacht INA...

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