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RUFFNER, McDOWELL & BURCH, INC. v. S.S. COSTA RICA

No. 382, Docket 31011.

377 F.2d 709 (1967)

RUFFNER, McDOWELL & BURCH, INC., Appellant, v. The S.S. COSTA RICA, her engines, boilers, tackle, apparel, etc., and Marina Mercante Nicaraguense, S. A., Appellee.

United States Court of Appeals Second Circuit.

Decided May 12, 1967.

Attorney(s) appearing for the Case

Anthony B. Cataldo, New York City, for appellant.

Michael J. Ryan, New York City (Cichanowicz & Callan, New York City, on the brief), for appellee.

Before MOORE and HAYS, Circuit Judges, and DOOLING, District Judge.

MOORE, Circuit Judge:

This is an appeal from an order dismissing the second libel filed for certain cargo damage. We affirm.

In July 1961, some 12,729 bags of coffee were shipped under three different Bills of Lading to appellant Ruffner, McDowell & Burch, Inc. (Ruffner) in New York from Acajutla, Nicaragua on board the SS Costa Rica, a ship owned by appellee Marina Mercante Nicaraguense, S.A. (Marina). After arrival in New York on July 28, 1961...

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