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N. V. STOOMVAART MAATSCHAPPIJ N. v. WATERMAN S. S. CORP.

83 F.Supp. 705 (1949)

N. V. STOOMVAART MAATSCHAPPIJ NEDERLAND v. WATERMAN S. S. CORPORATION, Inc., et al. THE SALAWATI. THE GATEWAY CITY.

United States District Court S. D. New York. Admiralty Division.

April 27, 1949.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Frederic Conger, of New York City, of counsel), for libelant.

Bingham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for respondent — the Gateway City.

John F. X. McGohey, U. S. Atty., by Louis E. Greco, Asst. U. S. Atty, both of New York City, for the respondent — the United States.

RYAN, District Judge.

After the filing of the decision herein on January 18, 1949, respondent S/S Gateway City applied to reopen the trial and for permission to offer the testimony of James A. Kirven, Chief Engineer, and Kai de Vermond, second mate of that ship. The failure of respondent to produce these witnesses and to give plausible explanation for this weighed heavily against it in the determination of the issues presented by the conflicting evidence on the trial...

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