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TUPMAN THURLOW CO., INC. v. S.S. CAP CASTILLO

No. 84, Docket 73-1277.

490 F.2d 302 (1974)

The TUPMAN THURLOW CO., INC., Appellee, v. S.S. CAP CASTILLO, her engines, boilers, etc., et al., Appellant.

United States Court of Appeals, Second Circuit.

Decided January 10, 1974.

Attorney(s) appearing for the Case

Robert J. Giuffra, New York City (Dougherty, Ryan, Mahoney, Pellegrino & Giuffra, New York City, Vincent J. Barra, New York City, of counsel), for appellant.

Jeffrey V. Boxer, New York City (Lilly, Sullivan & Purcell, P. C., New York City), for appellee.

Before KAUFMAN, Chief Judge, and SMITH and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment in admiralty of the United States District Court, Southern District of New York, John M. Cannella, Judge, sitting without a jury, entered on November 9, 1972, holding defendant Oetker, owner of the vessel S.S. Cap Castillo, liable for damage to a cargo of 4,301 cartons of beef during that ship's voyage from Buenos Aires to Philadelphia. We reverse and remand for a new trial.

The parties...

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