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SAMINCORP SOUTH AMERICAN MIN. & MER. CORP. v. S. S. CORNWALL

No. 4228.

240 F.Supp. 327 (1963)

SAMINCORP SOUTH AMERICAN MINERALS & MERCHANDISE CORPORATION v. S. S. CORNWALL, her engines, etc., and T. J. McCarthy Steamship Company, Charterer of said Steamship Cornwall, and Figueras Compania Naviera, S. A., Owner of said Steamship Cornwall, and Patapsco Ship Ceiling & Stevedore Company, and August C. Stenger.

United States District Court D. Maryland.

March 26, 1963.

Attorney(s) appearing for the Case

Robert E. Coughlan, Jr., Alva P. Weaver III, of Lord, Whip, Coughlan & Green, Baltimore, Md., and Katz & Sommerich, New York City, for libelant.

John H. Skeen, Jr., Baltimore, Md., and Foster, Meadows & Ballard, Detroit, Mich., for T. J. McCarthy S.S. Co.

Robert H. Williams, Jr., Baltimore, Md., for Figueras Compania Naviera, S. A.

Southgate L. Morison, Baltimore, Md., for Patapsco Ship Ceiling & Stevedore Co.

Clater W. Smith and Herbert F. Murray, Baltimore, Md., for August C. Stenger.

WINTER, District Judge:

Pursuant to a Pre-trial Order, entered December 3, 1962, a preliminary hearing was held to determine upon whom rests the burden of proof as to the issue of liability. Libelant contends that proof of the issuance of a clean ocean bill of lading and the Railroad's exceptions to the tally record as to the crimped condition of the shipment of coiled sheets of hot rolled open hearth steel establishes a prima facie case of liability on the part ...

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