MACKEY v. UNITED STATES

No. 223, Docket 22303.

197 F.2d 241 (1952)

MACKEY et al. v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided June 5, 1952.


Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., New York City (Edward L. Smith, William H. Lane and William H. Postner, New York City, of counsel), for appellant.

Bigham, Englar, Jones & Houston, New York City (F. Herbert Prem, New York City, of counsel), for appellees.

Before SWAN, Chief Judge, AUGUSTUS N. HAND and FRANK, Circuit Judges.


SWAN, Chief Judge.

This case involves a shipment of coffee for carriage from Cape Haitien, Haiti, to New Orleans, Louisiana, on the steamer Yoro, of which the United States was bare-boat charterer and operator. The appeal from the final decree brings up for review the interlocutory decree, entered October 29, 1948, which held the United States liable for loss of, and damage to, the shipment during a sudden storm which occurred while part of the shipment was still...

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