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ELGIE & CO. v. S. S. "S. A. NEDERBURG"

Nos. 379, 643, Dockets 76-7510, 76-7562.

599 F.2d 1177 (1979)

ELGIE & COMPANY, Plaintiff-Appellant, v. S. S. "S. A. NEDERBURG", her engines, boilers, etc., and South African Marine Corporation, Ltd., Defendant-Appellee and Third-Party Plaintiff-Appellant, v. INTERNATIONAL TERMINAL OPERATING CO., INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 11, 1979.

Attorney(s) appearing for the Case

John T. Kochendorfer, New York City (Bigham, Englar, Jones & Houston, New York City, of counsel), for plaintiff-appellant.

M. E. DeOrchis, New York City (Haight, Gardner, Poor & Havens, New York City, Brian D. Starer and Nicholas H. Cobbs, New York City, of counsel), for defendant-appellee and third party plaintiff-appellant.

Robert E. Daley, New York City, Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for third-party defendant-appellee.

Before WATERMAN, FEINBERG and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On March 24, 1974, the S. A. Nederburg, owned and operated by South African Marine Corporation, Ltd., sailed from New York City bound for South Africa. Several days later, South African issued an on-board order bill of lading indicating that the Nederburg was carrying eleven cartons and one crate of optical machinery and accessories for discharge at Durban, South Africa. The equipment had been sold by the consignor, Shuron Continental...

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