GORDON H. MOONEY, LTD. v. FARRELL LINES, INC.

No. 415, Docket 79-7536.

616 F.2d 619 (1980)

GORDON H. MOONEY, LTD., Plaintiff-Appellee, v. FARRELL LINES, INC., as successor by merger to American Export Lines, Defendant-Appellant, and Maislin Transport of Delaware and Maislin Transport Ltd., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 22, 1980.


Attorney(s) appearing for the Case

John J. Palmeri, New York City, for plaintiff-appellee Mooney.

Chester D. Hooper, New York City (Haight, Gardner, Poor & Havens, New York City, Keith L. Flicker, M. E. DeOrchis, New York City, of counsel), for defendant-appellant Farrell Lines, Inc.

Harvey P. Rosenberg, New York City, Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, New York City, for defendants-appellees Maislin Transport of Delaware and Maislin Transport Ltd.

Before MULLIGAN, OAKES and GURFEIN, Circuit Judges.


OAKES, Circuit Judge:

This appeal, by the ocean carrier of a refrigerated ("reefer") container of frozen Dover sole, is from a judgment of the United States District Court for the Southern District of New York, Lloyd F. MacMahon, Judge. The judgment held the ocean carrier solely liable to the Canadian buyer-consignee for the value of the fish, which arrived in a decomposed state, even though it was the inland carrier that...

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