Lenfest v. Coldwell

MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Hon. Robert L. Carter, entered after this court, upon appeal from a prior judgment in this case, remanded for further proceedings. Our earlier opinion, Lenfest v. Coldwell, 525 F.2d 717 (2d Cir. 1975), fully sets forth the factual background of this controversy and *994it will be repeated here only insofar as is necessary to a resolution of the issues currently before us.

Plaintiffs were the time charterer of the vessel S.S. Panocean from October 1963 until the…