M. W. ZACK METAL v. INTERN. NAV. CORP. OF MONROVIA

Nos. 473, 580, Dockets 80-7003, 81-7353.

675 F.2d 525 (1982)

M. W. ZACK METAL CO., Plaintiff-Appellant-Cross-Appellee, v. INTERNATIONAL NAVIGATION CORPORATION OF MONROVIA, Jansen & Co., Contam Linie, Hans H. Jansen, Jurgen K. Krafft, Newcastle Protection & Indemnity Association, The London Steamship Owner's Mutual Insurance Association, Ltd., Defendants-Appellees. Newcastle Protection & Indemnity Association and The London Steamship Owner's Insurance Association Limited, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 12, 1982.

As Amended May 7, 1982.


Attorney(s) appearing for the Case

Anthony B. Cataldo, New York City, for plaintiff-appellant-cross-appellee.

Donald B. Allen, New York City (Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, of counsel), for defendants-appellees-cross-appellants.

Robert W. Mullen, Dickerson, Reilly & Mullen, New York City, for defendants-appellees.

Before MESKILL and CARDAMONE, Circuit Judges, and HOLDEN, District Judge.


MESKILL, Circuit Judge:

M. W. Zack Metal Co. ("Zack") appeals from a judgment entered by the United States District Court for the Southern District of New York, Robert W. Sweet, Judge, dismissing its complaint, which sought recovery for cargo damage and for fraud. Newcastle Protection & Indemnity Association and the London Steamship Owner's Mutual Insurance Association Limited (the "Insurers") cross-appeal from Judge Sweet's dismissal of their counterclaim...

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