MAMIYE BROS. v. BARBER STEAMSHIP LINES, INC.

No. 155, Docket 29939.

360 F.2d 774 (1966)

MAMIYE BROS., et al., Libellants-Appellants, v. BARBER STEAMSHIP LINES, INC., et al., Respondents-Appellees and Cross-Appellants, v. ATLANTIC STEVEDORING CO. Inc., et al., Impleaded-Respondents — Cross-Appellees. GELMART KNITTING MILLS, INC., et al., Libellants-Appellants, v. BARBER STEAMSHIP LINES, INC., et al., Respondents-Appellees and Cross-Appellants, v. ATLANTIC STEVEDORING CO. Inc., et al., Impleaded-Respondents — Cross-Appellees. ISAAC COHEN & SONS CORP. et al., Libellants-Appellants, v. BARBER STEAMSHIP LINES, INC., et al., Respondents-Appellees and Cross-Appellants, v. ATLANTIC STEVEDORING CO., Inc., et al., Impleaded-Respondents — Cross-Appellees.

United States Court of Appeals Second Circuit.

Decided April 13, 1966.


Attorney(s) appearing for the Case

Vincent L. Leibell, Jr., New York City (Bigham, Englar, Jones & Houston, Charles W. Harvey and Christopher R. Knauth, New York City, of counsel), for libellants-appellants.

Eli Ellis, New York City (Hill, Betts, Yamaoka, Freehill & Longcope, Robert H. Peterson and Robert W. Mullen, New York City, of counsel), for impleaded-respondents — cross-appellees.

Tallman Bissell, New York City (Haight, Gardner, Poor & Havens, Thomas R. H. Howarth and Philip V. Moyles, New York City, of counsel), for respondents-appellees and cross-appellants.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.


FRIENDLY, Circuit Judge:

These libels, consolidated for trial before Judge Wyatt in the District Court for the Southern District of New York, see 241 F.Supp. 99 (1965), were brought to recover for damage to cargo on Pier 5, Bush Terminal, Brooklyn. The cause of the damage was a flooding of the pier due to storm surge and wave action created by Hurricane Donna which struck New York harbor in the early afternoon of Monday, September...

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