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MADOW CO. v. S.S. LIBERTY EXPORTER

No. 357, Docket 77-7388.

569 F.2d 1183 (1978)

The MADOW COMPANY, Plaintiff-Appellant, v. S.S. LIBERTY EXPORTER (now called S.S. OCEANIC REX), Transpacific Navigation Co., S.A., Oceanic Overseas Line, Inc., China Marine Investment Co., Ltd., China Overseas Navigation Co., Ltd., Defendants, and S.S. OCEANIC LONDON, their engines, boilers, tackle, etc., and Ta Peng Steamship Co., Ltd., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 16, 1978.

Attorney(s) appearing for the Case

Evelyn F. Cohn, New York City (Caspar F. Ewig and Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, of counsel), for plaintiff-appellant.

Vincent J. Barra, New York City (Dougherty, Ryan, Mahoney, Pellegrino, Guiffra & Zambito, New York City, of counsel), for defendants-appellees.

Before MOORE and GURFEIN, Circuit Judges, and BONSAL, District Judge.

GURFEIN, Circuit Judge:

The Madow Company ("Madow") appeals from a judgment of the United States District Court for the Southern District of New York (Carter, J.), dismissing its claim against the Ta Peng Steamship Co., Ltd. ("Ta Peng") after trial. This suit in admiralty was brought by the plaintiff cargo owner against the last vessel to carry the damaged cargo, the SS "OCEANIC LONDON," and against her owner, Ta Peng. The cargo was a shipment of horseshoes and other...

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