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J. HOWARD SMITH, INC. v. S. S. MARANON

No. 822, Docket 73-1921.

501 F.2d 1275 (1974)

J. HOWARD SMITH, INC., et al., Plaintiffs-Appellants, v. S. S. MARANON, her engines, boilers, etc., and Corporacion Peruana de Vapores, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 25, 1974.

As Modified on Rehearing September 3, 1974.

Attorney(s) appearing for the Case

Donald M. Kennedy, New York City (Donovan, Donovan, Maloof & Walsh, New York City, on the brief), for plaintiffs-appellants.

Richard T. O'Connell, New York City (Healy & Baillie, New York City, on the brief), for defendant-appellee.

Before LUMBARD and HAYS, Circuit Judges, and JAMESON, District Judge.

HAYS, Circuit Judge:

A group of cargo owners brought this action to recover from the carrier losses incurred when their cargoes of fishmeal caught fire aboard the vessel. The carrier counterclaimed seeking contribution in general average. The district court found the carrier free from fault and therefore dismissed the complaint and granted the carrier judgment on the counterclaim.

We affirm.

In April and May, 1965, the S.S. Maranon picked up some 132...

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