TANKREDERIET GEFION A/S v. HYMAN-MICHAELS COMPANY

No. 19167.

406 F.2d 1039 (1969)

TANKREDERIET GEFION A/S, as Owner of the MOTORSHIP GYDA, Plaintiff, v. HYMAN-MICHAELS COMPANY and Lakes Shipping & Trading Corp., Defendants and Third-Party Plaintiffs-Appellants, v. MICHIGAN FOUNDRY SUPPLY CO., Inc., Erickson Trucking Service, Inc., Third-Party Defendants, and National Cargo Bureau, Inc., Third-Party Defendant-Appellee. TANKREDERIET GEFION A/S, as Owner of the MOTORSHIP GYDA, Plaintiff, v. MICHIGAN FOUNDRY SUPPLY CO., Inc., Defendant and Third Party Plaintiff-Appellant, v. ERICKSON TRUCKING SERVICE, INC., Third-Party Defendant, and National Cargo Bureau, Inc., Third-Party Defendant-Appellee. TANKREDERIET GEFION A/S, as Owner of the MOTORSHIP GYDA, Plaintiff, v. NATIONAL CARGO BUREAU, INC., Defendant-Appellee, W. P. Lewis and G. P. Sullivan, Defendants. NATIONAL CARGO BUREAU, INC., Third-Party Plaintiff-Appellee, W. P. Lewis and G. P. Sullivan, Third-Party Plaintiffs, v. LAKES SHIPPING AND TRADING CORPORATION, an Illinois Corporation, Hyman-Michaels Company, an Illinois Corporation, Michigan Foundry Supply Co., Inc., a Michigan Corporation, Third-Party Defendants-Appellants, and Erickson Trucking Service, Inc., a Michigan Corporation, Third-Party Defendant. The TOKIO MARINE & FIRE INSURANCE COMPANY, Ltd., a foreign corporation, et al., Plaintiffs, v. HYMAN-MICHAELS COMPANY, an Illinois Corporation, and Michigan Foundry Supply Company, Inc., a Michigan Corporation, Defendants and Third-Party Plaintiffs-Appellants, v. NATIONAL CARGO BUREAU, Inc., a New York Corporation, Third-Party Defendant-Appellee, and Erickson Trucking Service, Inc., a Michigan Corporation, Third-Party Defendant.

United States Court of Appeals Sixth Circuit.

February 10, 1969.


Attorney(s) appearing for the Case

Thomas E. Byrne, Jr., Philadelphia, Pa., Krusen, Evans & Byrne, Philadelphia, Pa., Lucking & Miller, Donald J. Miller, Detroit, Mich., on brief for Hyman-Michaels Co. and Lakes Shipping et al.

Leroy G. Vandeveer, Detroit, Mich., Achtenberg, Sandler & Balkin, Irving Achtenberg, Kansas City, Mo., Alexander, Buchanan & Conklin, Richard A. Harvey, Detroit, Mich., Vandeveer, Doelle, Garzia, Tonkin & Kerr, Detroit, Mich., on brief, for Michigan Foundry Supply Co.

David V. Martin, Detroit, Mich., Martin Bohall, Joselyn, Halsey & Rowe, Detroit, Mich., on brief for appellee, National Cargo Bureau.

Before O'SULLIVAN, EDWARDS and McCREE, Circuit Judges,


EDWARDS, Circuit Judge.

Appellants Hyman-Michaels Co. and Michigan Foundry Supply Co. appeal on leave granted from an interlocutory order entered by a District Judge in the United States District Court for the Eastern District of Michigan. The order was entered during trial of eleven cases arising out of a spontaneous combustion fire in a load of steel scrap which damaged both the cargo and the ship in which it was being transported to Japan.

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