INSURANCE CO. OF NORTH AMERICA v. S/S GLOBE NOVA

No. 256, Docket 86-7550.

820 F.2d 546 (1987)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. S/S "GLOBE NOVA" her engines, tackle, boilers, etc., The Globe Tankers, Globe Transport and Trading Company Ltd., Willow Grove Shipping Company Ltd., Gamma Shipping Co., Inc. and Globe Tanker Services, Inc., Defendants. The Globe Tankers, Globe Transport and Trading Company Ltd., Gamma Shipping Co., Inc. and Globe Tanker Services Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 2, 1987.


Attorney(s) appearing for the Case

David L. Mazaroli (Law Offices of Yorkston W. Grist, P.C., New York City, of counsel), for plaintiff-appellee Ins. Co. of North America.

Hollis M. Walker, Jr. (Constantine W. Papas, Walker & Corsa, New York City, of counsel), for defendants-appellants The Globe Tankers, Globe Transport and Trading Co., Ltd., Gamma Shipping Co., Inc. and Globe Tanker Services, Inc.

Before FEINBERG, Chief Judge, and WINTER and MAHONEY, Circuit Judges.


MAHONEY, Circuit Judge:

Plaintiff-appellee Insurance Company of North America brought this action in the Southern District of New York for damages arising from an alleged shortage in a shipment of molasses. After a bench trial before Chief Judge Constance Baker Motley, judgment was entered for plaintiff. Defendants appealed, and we now reverse.

BACKGROUND

The Insurance Company of North America sues as the...

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