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COMPLAINT OF TA CHI NAV. (PANAMA) CORP., S. A.

No. 107, Docket 81-7014.

677 F.2d 225 (1982)

In the Matter of the Complaint of TA CHI NAVIGATION (PANAMA) CORP., S. A., as Owner of the S.S. EURYPYLUS for Exoneration from or Limitation of Liability.

United States Court of Appeals, Second Circuit.

Decided April 14, 1982.

Attorney(s) appearing for the Case

Vincent J. Barra, New York City (Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, New York City, on the brief), for appellant.

Joseph M. Mangino, New York City (Hill, Rivkins, Carey, Loeberg, O'Brien & Mulroy, New York City, on the brief), for cargo-claimants.

Charles C. Goodenough, New York City (Donovan, Maloof, Walsh & Kennedy, New York City, on the brief), for Citibank.

Before MANSFIELD, VAN GRAAFEILAND and KEARSE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, C. H. Tenney, J., denying the petition of a shipowner for exoneration from or limitation of liability for cargo damage claims resulting from a shipboard explosion and fire. Because the district court erred in fixing the elements and burdens of proof, we reverse and remand for further proceedings.

Judge Tenney's opinion...

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