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INSURANCE CO. OF NORTH AMERICA v. S/S AM. ARGOSY

No. 540, Docket 83-7719.

732 F.2d 299 (1984)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. S/S AMERICAN ARGOSY, her engines, tackle, boilers, etc., United States Lines, Inc., Yemen Express Service, Division of Transmodal Cargo Carriers, Inc. and YES-Yemen Express Service, Defendants, S/S American Argosy, her engines, tackle, boilers, etc., and United States Lines, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 11, 1984.

Attorney(s) appearing for the Case

Richard C. Burns, New York City (Gulmi, LaPenta, Burns & Mahoney, New York City, of counsel), for appellants.

Jeffrey L. Shernoff, New York City, for appellee.

Dewey R. Villareal, Jr., Tampa, Fla., Richard E. Reppetto, New York City, Michael J. Ryan, Maritime Law Ass'n Committee on Bills of Lading, New York City (Gordon W. Paulsen, President, Graydon S. Staring, First Vice-President, Francis J. O'Brien, Second Vice-President, New York City, Maritime Law Ass'n, of counsel), for amicus curiae Maritime Law Ass'n.

C. Jonathan Benner, Gen. Counsel, Robert D. Bourgoin, Deputy Gen. Counsel, Carol J. Neustadt, Atty., Federal Maritime Comm'n, Washington, D.C. (John S. Koppel, Atty. Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., of counsel), for amicus curiae Federal Maritime Comm'n.

Freehill, Hogan & Mahar, New York City (Eric E. Lenck, Peter J. Gutowski, New York City, of counsel), for amicus curiae The West of England Ship Owners Mut. Prot. & Ind. Ass'n (Luxembourg).

Before MANSFIELD, PIERCE and WINTER, Circuit Judges.

MANSFIELD, Circuit Judge:

Defendants, the S/S American Argosy and her owner, United States Lines (USL), appeal from a judgment of the Southern District of New York (Werker, J.) awarding the plaintiff Insurance Company of North America $8,157.84 for damage to its insured's cargo. Because of the small sum involved, the district court at the parties' request disposed of the case pursuant to "old" Local Admiralty Rule 15.1 It found the American...

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