WESTWAY COFFEE CORP. v. M. V. NETUNO

No. 716, Docket 81-7741.

675 F.2d 30 (1982)

WESTWAY COFFEE CORPORATION, Plaintiff-Appellee, v. M. V. NETUNO, her engines, boilers, etc. and Appeal of COMPANHIA DE NAVEGACAO MARITIMA NETUMAR, Defendant.

United States Court of Appeals, Second Circuit.

Decided March 18, 1982.


Attorney(s) appearing for the Case

Michael J. Carcich, New York City (Cichanowicz & Callan, New York City, on the brief), for defendant-appellant.

John E. Cone, Jr., New York City (Theodore S. Cunningham and Bigham, Englar, Jones & Houston, New York City, on the brief), for plaintiff-appellee.

Before TIMBERS, NEWMAN and WINTER, Circuit Judges.


NEWMAN, Circuit Judge:

Defendant-appellant Companhia De Navegacao Maritima Netumar ("Netumar") appeals from a judgment of the District Court, 528 F.Supp. 113, for the Southern District of New York (Leonard B. Sand, Judge) in favor of plaintiff Westway Coffee Corporation ("Westway") in this admiralty action for partial non-delivery of coffee transported from Brazil to New York. Despite Netumar's contention that it did not cause...

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