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FMC CORP. v. S.S. MARJORIE LYKES

No. 1198, Docket 88-7201.

851 F.2d 78 (1988)

FMC CORPORATION, Plaintiff-Appellee, v. S.S. MARJORIE LYKES, her engines, tackles, appurtenances, etc., and Lykes Bros. Steamship Co., Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Christopher H. Mansuy, New York City (Hollis M. Walker, Jr., Constantine W. Papas, Walker & Corsa, New York City, of counsel), for defendants-appellants.

Craig S. English, New York City (Steven Skoufalos, Chalos, English & Brown, P.C., New York City, of counsel), for plaintiff-appellee.

Before FEINBERG, Chief Judge, and NEWMAN and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

In October 1982 FMC Corporation ("FMC") shipped 30 small fire engines from Erie, Pennsylvania to Alexandria, Egypt on the S.S. MARJORIE LYKES, under an agreement with the Lykes Brothers Steamship Company ("Lykes"). As the fire engines were being unloaded Lykes dropped one engine onto two others, destroying all three. FMC replaced the three fire engines at a total cost of $165,254.10 and commenced this action seeking damages under the...

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