N. V. STOOMVAART MAATSCHAPPIJ "NEDERLAND" v. GTE INTERNATIONAL, INC.

No. 529, Docket 75-7493.

531 F.2d 1143 (1976)

N. V. STOOMVAART MAATSCHAPPIJ "NEDERLAND", Third-Party Plaintiff-Appellant, v. GTE INTERNATIONAL, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 5, 1976.


Attorney(s) appearing for the Case

William M. Kimball, New York City (Hervey C. Allen, Michael Marks Cohen and Burlingham, Underwood & Lord, New York City, on the brief), for appellant.

Sidney A. Schwartz, Joseph Arthur Cohen, and Alexander, Ash, Schwartz & Cohen, New York City, submitted a brief for appellee.

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


PER CURIAM:

We affirm the judgment below on the basis of the district court's opinion, 411 F.Supp. 331, except to the extent that it relies upon the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(3). We consider the common law principles of tort and agency sufficient to support the conclusion that the shipper was not liable unless it or its agents were negligent. Accordingly, we...

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