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STEIN HALL & CO., INC. v. S.S. CONCORDIA VIKING

No. 345, Docket 73-1716.

494 F.2d 287 (1974)

STEIN HALL & CO., INC., and Swift & Company, Plaintiffs, v. S.S. CONCORDIA VIKING, her engines, boilers, etc., and Skibs A/S Samuel Bakke, Defendant and Third-Party Plaintiff-Appellee, v. PITTSTON STEVEDORING CORP., Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 13, 1974.

Attorney(s) appearing for the Case

Paul Falick, New York City (Bigham, Englar, Jones & Houston and John L. Quinlan, New York City, on the brief), for appellant Pittston Stevedoring Corp.

M. E. DeOrchis, New York City (Haight, Gardner, Poor & Havens and Ara A. Shimshidian, New York City, on the brief), for appellee Skibs A/S Samuel Bakke.

Hill, Betts & Nash and Daniel K. Read, New York City, on amicus curiae brief for International Terminal Operating Co., Inc.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

On September 23 and 24, 1967, the S. S. Concordia Viking took on board at Port Sudan thousands of bags of gum arabic, including 1455 bags consigned to the Port of New York under the four clean bills of lading contested in this case. The ship's agent, dockside at Port Sudan, tallied each consignment before it was loaded. The mate of the Concordia Viking did not check the cargo as it came on board but testified that in any event he...

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