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SKIBS A/S GYLFE v. HYMAN-MICHAELS COMPANY

Nos. 20126-20129.

438 F.2d 803 (1971)

SKIBS A/S GYLFE, as Successor in interest to Tankrederiet Gefion A/S as Owner of the Motorship Fyda, et al., Plaintiffs, v. HYMAN-MICHAELS COMPANY and Lakes Shipping and Trading Company, Defendants and Third-Party Plaintiffs-Appellants, v. NATIONAL CARGO BUREAU, INC., Third-Party Defendant-Appellee. SKIBS A/S GYLFE, and Forsikrings-Askjelskapet Vega, Plaintiffs-Appellants, v. NATIONAL CARGO BUREAU, INC., and G. P. Sullivan, Defendants-Appellees. SKIBS A/S GYLFE et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. The TOKYO MARINE & FIRE INSURANCE COMPANY et al., Plaintiffs, v. HYMAN-MICHAELS COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. NATIONAL CARGO BUREAU, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 5, 1971.

Attorney(s) appearing for the Case

MacDonald Deming, New York City, for Skibs A/S Gylfe, and others; Haight, Gardner, Poor & Havens, New York City, Foster, Meadows & Ballard, Raymond A. Ballard, Detroit, Mich., on brief.

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

David V. Martin, Detroit, Mich., for National Cargo Bureau, Inc., and others; Martin, Bohall, Joselyn, Halsey & Rowe, David V. Martin, Detroit, Mich., on brief.

William E. Gwatkin, III, Atty., Dept. of Justice, Washington, D. C., for the United States; William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., Ralph B. Guy, Jr., U. S. Atty., Detroit, Mich., on brief.

Before PHILLIPS, Chief Judge, and PECK and BROOKS, Circuit Judges.

BROOKS, Circuit Judge.

In July, 1961, the Norwegian vessel Gyda and its cargo of steel turnings (finely shredded scraps of steel) were damaged as a result of the spontaneous combustion of the cargo. Eleven lawsuits, several with crossclaims and third-party defendant claims, were instituted to recover for the damage. Ten of these lawsuits were filed by the owners of the ship and its underwriters, and one action was brought by the owner of the cargo and its underwriters...

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