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PETITION OF MOORE-McCORMACK LINES

147 F.Supp. 816 (1956)

Petition of MOORE-McCORMACK LINES, Inc., as owner of THE S.S. MORMACKITE, for exoneration from or limitation of liability.

United States District Court S. D. New York.

Supplemental Opinion January 9, 1957.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, for petitioner, Eugene Underwood, Hervey C. Allen and Robert A. Feltner, New York City, of counsel.

Kilroe & Kilroe, New York City, for various claimants, Bernard Rolnick, Joseph Friedberg, Robert H. Kilroe, and Milton H. Spiro, New York City, of counsel.

Cooper, Ostrin & DeVarco, New York City, for various claimants, Herbert J. DeVarco and Richard Gyory, New York City, of counsel.

Bigham, Englar, Jones & Houston, Cooper, Ostrin & DeVarco, William L. Standard, New York City, for certain cargo and death claimants, William F. Andersen and John J. Martin, New York City, of counsel.

PALMIERI, District Judge.

In the course of pre-trial conferences, and in an effort to fix a suitable date for trial, sharply divergent views were urged upon me with respect to the proposed order of proof upon the trial. The problem arose because of the petitioner's insistence that it could not go to trial until sixty days after the claimants had specified the nature of the faults allegedly committed by the petitioner. In order to obviate any possible delay or misunderstanding...

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