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DENBY v. SEABOARD WORLD AIRLINES, INC.

No. 1127, Docket 84-7018.

737 F.2d 172 (1984)

M.E. DENBY, Individually and on behalf of certain other concerned Underwriters at Lloyds, Plaintiffs-Appellants, v. SEABOARD WORLD AIRLINES, INCORPORATED and Flying Tiger Line, Incorporated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 7, 1984.

Attorney(s) appearing for the Case

Leonard S. Leaman, Lord, Day & Lord, New York City, for plaintiffs-appellants.

Francis A. Montbach, Bigham, Englar, Jones & Houston, New York City, for defendants-appellees.

Before FRIENDLY, PIERCE and WINTER, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal is from an order of Chief Judge Weinstein in the District Court for the Eastern District of New York, 575 F.Supp. 1134, granting summary judgment to the defendants in an action by the insurers of a shipper for loss of cargo. The basis for the order was the shipper's alleged failure to give notice of the loss within seven days after receipt of the cargo as required by Article 26(2) of the Warsaw...

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