Legal Opinion · Concurrence

Koufopantelis v. Cia. De Nav. San George, S.A.

Court of Appeals for the Second Circuit

Decided May 26, 1961No. Nos. 174-177, 134, Dockets 26526-26529, 26288Published

1ConcurrenceLumbard, Chief Judge

Judge WATERMAN and J agree fully with our senior that Judge .Cashin’s refusal to reopen the default decrees in favor of libellants was proper since San George was on notice that the decrees had been entered; we also agree that the order in the summary judgment proceeding directing “Cargo” to pay the libellants should be reversed. We think, however, that the other order in the summary proceeding directed to the “third party shipowning corporations” which ordered them to satisfy the libellants’ judgment should be affirmed since the corporations’ allegations fall short of creating a “genuine…

2Cases cited5 opinions

  1. Kenney v. South Shore Natural Gas & Fuel Co.New York Court of Appeals · 1911
  2. Cohen v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1936
  3. Berndt v. BerndtNew York Supreme Court · 1948
  4. Bank of United States v. Canal Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1937
  5. Kerckafric (Pty.) Ltd. v. Maxwell Meyers Affiliations, Ltd.District Court, S.D. New York · 1952

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