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BERISFORD METALS CORP. v. S/S SALVADOR

Nos. 91, 195, Dockets 85-7401, 85-7429.

779 F.2d 841 (1985)

BERISFORD METALS CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. S/S SALVADOR, her engines, boilers, etc., and A/S IVARANS REDERI, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 16, 1985.

Attorney(s) appearing for the Case

John P. Conroy, New York City (Douglas A. Franklin, McHugh & O'Conor, New York City, of counsel), for Berisford Metals Corp.

Chester D. Hooper, New York City (Ara A. Shimshidian, Haight, Gardner, Poor & Havens, New York, City, of counsel), for S/S Salvador and A/S Ivarans Rederi.

Before FRIENDLY, MANSFIELD and WINTER, Circuit Judges.

MANSFIELD, Circuit Judge.

Berisford Metals Corporation (Berisford), plaintiff in this cargo-loss action, appeals from an order and judgment of the Southern District of New York, Gerard L. Goettel, Judge, granting its motion for summary judgment against the ship S/S Salvador and A/S Ivarans Rederi (Ivarans), its owner and operator, for loss of 70 bundles of tin ingots valued at $483,214.90 but applying the limitation of liability provision of § 4(5) of the Carriage...

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