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VENORE TRANSPORTATION CO. v. OSWEGO SHIPPING CORP.

Nos. 871-894, Dockets 74-1007, 73-2759.

498 F.2d 469 (1974)

VENORE TRANSPORTATION COMPANY, Plaintiff-Appellee, v. OSWEGO SHIPPING CORPORATION, Defendant, Third-Party Plaintiff-Appellant-Appellee, v. BANCO do BRASIL, Third-Party Defendant-Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 13, 1974.

Attorney(s) appearing for the Case

Daniel Huttenbrauck, New York City (Mendes & Mount, New York City, on the brief), for plaintiff-appellee.

William Warner, New York City (Symmers, Fish & Warner, New York City, on the brief), for defendant, third-party plaintiff, appellant appellee.

Richard L. Newman, New York City (Newman & Schlau and Frank E. Nattier, New York City, on the brief), for third-party defendant-appellant-appellee.

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

LUMBARD, Circuit Judge:

Defendant and third party plaintiff, Oswego Shipping Corporation, a time charterer, and third party defendant, Banco do Brasil, a voyage charterer, appeal from a judgment in the Southern District which awarded $265,727.29 to plaintiff, Venore Transportation Company for breach of warranty of safe berth by both Oswego and Banco do Brasil resulting in damage to the SS Santore, of which Venore was owner pro hac vice.1<...

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