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PALMER DISTRIB. CORP. v. THE S.S. AMERICAN COUNSELOR

158 F.Supp. 264 (1957)

PALMER DISTRIBUTING CORP., Agricultural Products Trading Cy., S.A., S.A. Cellpack, Manufacture De Biscuits Parein N.V., Oscar Tausig, and Pan American World Airways, Inc., Libelants, v. THE S.S. AMERICAN COUNSELOR, her engines, boilers, etc., and United States Lines Company, Respondent. BERRY BROTHERS, Inc., Libelant, v. THE S.S. AMERICAN COUNSELOR, her engines, boilers, etc., and United States Lines Company, Respondent.

United States District Court S. D. New York.

September 4, 1957.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for libelants. Yorkston W. Grist, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for respondent. Edward L. Smith, James Proud, New York City, of counsel.

CASHIN, District Judge.

These two admiralty actions for cargo damage were consolidated for trial and are brought by libelants as cargo owners against the respondent, United States Lines Company, as owner and operator of the S.S. American Counselor.

Findings of Fact

1. Libelant, Berry Bros., Inc., delivered on board the S.S. American Counselor at Baltimore, Maryland, on November 8, 1952, the following...

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