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RINGERS' DUTCHOCS, INC. v. S.S. S.L. 180

No. 567, Docket 73-2217.

494 F.2d 678 (1974)

RINGERS' DUTCHOCS, INC., Plaintiff-Appellant, v. S.S. S.L. 180, her engines, boilers, etc., and Sea-Land Service, Inc., Defendants, and Helvetia Swiss Fire Insurance Company, Limited, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 8, 1974.

Attorney(s) appearing for the Case

Andrew R. Colmant, New York City (Leo P. Cappelletti, Hill, Rivkins, McGowan & Carey, New York City, of counsel), for plaintiff-appellant.

Joseph Fennelly, Jr., New York City (David L. Maloof, Donovan, Donovan, Maloof & Walsh, New York City, of

Before KAUFMAN, Chief Judge, and FEINBERG and MULLIGAN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Although many find hot chocolate a delightful treat, appellant Ringers' Dutchocs had rather the opposite reaction when 2,405 cartons of chocolate arrived in New York in an overheated condition. Ringers' had ordered the chocolates from a German shipper, Gebruder Stollwerck AG, terms C.I.F. from Cologne, Germany to a public warehouse in New York. Stollwerck, in turn, had purchased an "All Risk" policy of marine insurance from appellee...

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