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LEVATINO COMPANY v. AMERICAN PRESIDENT LINES, LTD.

No. 268, Docket 30160.

359 F.2d 406 (1966)

LEVATINO COMPANY, Inc., Libellant-Appellee, v. AMERICAN PRESIDENT LINES, LTD., Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 29, 1966.

Attorney(s) appearing for the Case

William Warner, of Symmers, Fish & Warner, New York City, for respondent-appellant.

F. Herbert Prem, of Bigham, Englar, Jones & Houston, New York City, for libellant-appellee.

Before SMITH, HAYS and ANDERSON, Circuit Judges.

PER CURIAM.

On the first appeal1 of this case, 337 F.2d 729 (2d Cir. 1964), this court decided only that the delivery of the shipment of chestnuts in question, consigned to Levatino Company, Inc., had not been a "proper delivery" for purposes of the Harter Act, 46 U.S.C. §§ 190, 191. We said there:

"We do not determine here the extent of the...

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