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INTERNATIO, INC. v. M. S. TAIMYR

No. 894, Docket 78-7642.

602 F.2d 49 (1979)

INTERNATIO, INC., Plaintiff-Appellee, v. M. S. TAIMYR, her engines, boilers, tackle, etc., and Wilh. Wilhelmsen and Barber Lines, A/S, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Chester D. Hooper, New York City (Haight, Gardner, Poor & Havens, New York City, Nicholas H. Cobbs and M. E. DeOrchis, New York City, of counsel), for defendants-appellants.

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

Before KAUFMAN, Chief Judge, SMITH, Circuit Judge, and OWEN, District Judge.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment for $48,650 plus interest entered in the United States District Court for the Southern District of New York, Charles L. Brieant, Jr., Judge, in favor of an importer of cocoa against the owner and charterer of the ship on which a damaged shipment of cocoa beans was carried. Liability is conceded, but the amount of damages remains in issue. We reverse and remand for entry of a judgment in accordance with...

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