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J. GERBER & COMPANY v. S.S. SABINE HOWALDT

No. 93, Docket 34577.

437 F.2d 580 (1971)

J. GERBER & COMPANY, Plaintiff-Appellee, v. S.S. SABINE HOWALDT, her engines, etc., and against Howaldt & Company, Defendant-Appellant. PAN AMERICAN TRADE DEVELOPMENT CORPORATION, Plaintiff-Appellee, v. S.S. SABINE HOWALDT, her engines, etc., and against Howaldt & Company, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 21, 1971.

Attorney(s) appearing for the Case

Wharton Poor, New York City (Haight, Gardner, Poor & Havens and R. Glenn Bauer, New York City, on the brief), for defendant-appellant.

F. Herbert Prem, New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for plaintiffs-appellees.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

The S.S. Sabine Howaldt, a small cargo vessel of a gross tonnage of 2288.43 tons, was time chartered to Contramar S/A for a voyage from Antwerp, Belgium to Wilmington, Delaware and Alexandria, Virginia. Contramar contracted to carry a quantity of steel products consigned to each of the two plaintiffs. The cargo was in good condition when loaded aboard the Sabine Howaldt at Antwerp. On arrival at the ports of destination in the United States...

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