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AM. SMELTING & REFINING CO. v. S.S. IRISH SPRUCE

Nos. 487, 488, Dockets 75-7441, 75-7445.

548 F.2d 56 (1977)

AMERICAN SMELTING AND REFINING CO., Plaintiff-Appellee, v. S.S. IRISH SPRUCE, her engines, tackle, etc., and Irish Shipping Ltd., Defendants-Appellants. Complaint of IRISH SHIPPING LTD., Plaintiff-Appellant, as owner of the S.S. "IRISH SPRUCE", for exoneration from or limitation of liability. COMPANIA PERUANA de VAPORES, S.A., Claimant-Appellant, v. SPRAGUE & RHODES COMMODITY CORP., et al., Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 17, 1977.

Attorney(s) appearing for the Case

Nicholas J. Healy, New York City (Allan A. Baillie, John C. Koster, Healy & Baillie, New York City, on the brief), for appellant Irish Shipping Ltd.

Richard G. Ashworth, Haight, Gardner, Poor & Havens, New York City, on the brief, for appellant Compania Peruana de Vapores, S.A.

Douglas A. Jacobsen, New York City (Francis M. O'Regan, Bigham, Englar, Jones & Houston, New York City, on the brief), for appellees.

Before LUMBARD and TIMBERS, Circuit Judges, and BRYAN, District Judge.

Before LUMBARD and TIMBERS, Circuit Judges, and BRYAN, District Judge.**

Opinion reassigned on November 1, 1976 to Judge Lumbard at the request of Judge Timbers.

LUMBARD, Circuit Judge:

This appeal concerns the district court's confirmation of a special master's report which found the S.S. Irish Spruce to have been unseaworthy at the time of its foundering in the Caribbean and which...

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