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FEDERAZIONE ITALIANA DEI CORS. A. v. MANDASK COMPANIA DE V.

No. 141, Docket 31131.

388 F.2d 434 (1968)

FEDERAZIONE ITALIANA DEI CORSORZI AGRARI et al., Plaintiffs-Appellees and Appellants, v. MANDASK COMPANIA DE VAPORES, S. A., Defendant-Appellant and Appellee.

United States Court of Appeals Second Circuit.

Decided January 16, 1968.

Attorney(s) appearing for the Case

Edward L. Smith, New York City (Kirlin, Campbell & Keating, Walter P. Hickey, and David A. Nourse, New York City, on the brief), for plaintiffs-appellees and appellants.

David C. Wood, New York City (Hill, Betts, Yamaoka, Freehill & Longcope, Eugene F. Gilligan, and Francis L. Gannon, New York City, on the brief), for defendant-appellant and appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

This action to recover for the loss of a cargo of soybean oil was originally tried before the late Judge Archie O. Dawson, who entered judgment in favor of the plaintiffs but limited liability.1 On appeal, this court reversed and remanded because the findings of fact did not make clear apparent inconsistencies between the issue of defendant's due diligence in making the vessel seaworthy and the issue of limitation...

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