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EAST COAST TENDER SERV. v. ROBERT T. WINZINGER

Nos. 83-5824, 83-5846, 83-5847 and 84-5408.

759 F.2d 280 (1985)

EAST COAST TENDER SERVICE, INC., v. ROBERT T. WINZINGER, INC., Utah Home Fire Insurance Company, Great Atlantic Insurance Company, Various Underwriters as their Interests May Appear in the Term British Markets. and ROBERT T. WINZINGER, INC., Appellee/Cross-Appellant, v. UTAH HOME FIRE INSURANCE COMPANY; Great Atlantic Insurance Company; Various Underwriters as Their Interests May Appear in the Term British Market, Appellants/Cross-Appellees. Appeal of UTAH HOME FIRE INSURANCE COMPANY, Great Atlantic Insurance Company, Various Underwriters as Their Interests May Appear in the Term British Market, in No. 83-5824. Appeal of ROBERT T. WINZINGER, INC., in No. 83-5846. Appeal of EAST COAST TENDER SERVICE, INC., in Nos. 83-5847 and 84-5408.

United States Court of Appeals, Third Circuit.

Decided April 11, 1985.

As Amended April 18, 1985.

Attorney(s) appearing for the Case

William B. McGuire, William J. Prout, Jr. (argued), James T. O'Halloran, Tompkins, McGuire & Wachenfeld, Newark, N.J., Brendan J. Connolly, Mendes & Mount, New York City, for appellants in No. 83-5824.

Edward V. Cattell, Jr. (argued), Cattell & Keating, Haddonfield, N.J., for appellant in No. 83-5846.

George J. Koelzer (argued), Clarkson S. Fisher, Jr., Evans, Koelzer, Osborne & Kreizman, Red Bank, N.J., for appellant in Nos. 83-5847 & 84-5408.

Before ALDISERT, Chief Judge, BECKER, Circuit Judge and CAHN, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This litigation arises out of a February 1979 ice storm on the Delaware River at Penns Grove, New Jersey, which damaged two barges that were linked together and used as a pier. The barges were owned by appellee/cross-appellant East Coast Tender Service, Inc. ("East Coast") and were chartered to appellee/cross-appellant Robert T. Winzinger, Inc. ("Winzinger"). Appellants cross-appellees Utah Home Fire Insurance...

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