SPENCER KELLOGG, DIV. OF TEXTRON v. S.S. MORMACSEA

No. 706, Docket 82-7432.

703 F.2d 44 (1983)

SPENCER KELLOGG, DIVISION OF TEXTRON, INC., Plaintiff-Appellee, v. S.S. "MORMACSEA" and S.S. "Mormacvega", their engines, boilers, etc., v. MOORE-McCORMACK LINES INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 16, 1983.


Attorney(s) appearing for the Case

William R. Connor, III, New York City (Bigham, Englar, Jones & Houston, New York City, of counsel), for plaintiff-appellee.

James E. Ryan, New York City (Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, New York City, of counsel), for defendant-appellant.

Before LUMBARD, MANSFIELD and MESKILL, Circuit Judges.


LUMBARD, Circuit Judge:

In this admiralty suit, carrier-appellant Moore-McCormack Lines, Inc. ("Moore") appeals from an award of $15,312.68 plus costs and interest entered on April 27, 1982 in favor of consignee-appellee Spencer Kellogg, Division of Textron, Inc. ("Kellogg") by Judge Sofaer, Southern District of New York. The parties waived a trial below and submitted all evidence in written form. Judge Sofaer found, in an opinion and order reported at

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