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SS AMAZONIA v. NEW JERSEY EXPORT MARINE CARPENTERS

No. 766, Docket 76-7463.

564 F.2d 5 (1977)

SS AMAZONIA, her engines, etc. Companhia De Navegacao Maritima Netumar, et al., Defendant-Appellant and Third-Party Plaintiff, v. NEW JERSEY EXPORT MARINE CARPENTERS, INC., Third-Party Defendant-Appellee. COMPANHIA DE NAVEGACAO MARITIMA NETUMAR, Plaintiff-Appellant, v. UNITED TERMINALS, INC., Defendant, New Jersey Export Marine Carpenters, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 14, 1977.

Attorney(s) appearing for the Case

Cichanowicz & Callan, New York City, for appellant.

McHugh, Heckman, Smith & Leonard, New York City, for appellee.

Before OAKES, Circuit Judge, and WYZANSKI and HOLDEN, District Judges.

HOLDEN, District Judge:

On January 18, 1971, Netumar's Brazilian flag vessel M/V Amazonia sailed from New York for Brazil. Included in her cargo were two 17-ton Terex tractors. The tractors were loaded by United Terminals, Inc., and secured by New Jersey Export Marine Carpenters, Inc. The tractors were stowed athwartships in the Amazonia's No. 2 `tween deck, with the buckets removed, exposing the trunnion arms of the tractor's lifts to the shell of the vessel below...

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