Federazione Italiana Dei Corsorzi Agrari, and v. Mandask Compania De Vapores, S.A., And

ANDERSON, Circuit Judge.

This action to recover for the loss of a cargo of soybean oil was originally tried before the late Judge Archie O. Dawson, who entered judgment in favor of the plaintiffs but limited liability. 1 On appeal, this court reversed and remanded because the findings of fact did not make clear apparent inconsistencies between the issue of defendant’s due diligence in making the vessel seaworthy and the issue of limitation of liability 2 nor were those two issues discussed in the opinion at all.

At the second trial the shipowner defendant denied unseaworthiness, claimed due…