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ELIA SALZMAN TOBACCO CO. v. SS MORMACWIND

No. 251, Docket 30700.

371 F.2d 537 (1967)

ELIA SALZMAN TOBACCO CO., Ltd., Tobacco Insurance Co., Ltd., Tobacco Development Co. of Africa (Pty.) Ltd., and The Standard Commercial Tobacco Co., Inc., Libellants-Appellees, v. The SS MORMACWIND, her engines, boilers, etc., and Moore-McCormack Lines, Inc., Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 20, 1967.

Attorney(s) appearing for the Case

William Warner, New York City (Symmers, Fish & Warner, New York City, on the brief), for libellants-appellees.

Herbert M. Lord, New York City (John S. Rogers, Burlingham Underwood Barron Wright & White, New York City, on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, and HAYS and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

The respondent, Moore-McCormack Lines, Inc., appeals from a decision of Judge Croake in the Southern District of New York holding it liable to the libellant Standard Commercial Tobacco Co., Inc. (Standard) under the Carriage of Goods by Sea Act, 49 Stat. 1207 (1936), 46 U.S.C. §§ 1300, 1303, 1304, for mold damage sustained by a shipment of 1,729 bales of Turkish-type Rhodesian tobacco carried aboard the S.S. Mormacwind from Beira, Mozambique...

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