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UNITED TRANSP. CO. v. BERWIND-WHITE COAL-MINING CO.

13 F.2d 281 (1923)

UNITED TRANSP. CO. v. BERWIND-WHITE COAL-MINING CO.

District Court S. D. New York.

January 30, 1923.

Attorney(s) appearing for the Case

James K. Symmers, of New York City, for libelant.

Leo J. Curren, of New York City, for respondent.

LEARNED HAND, District Judge.

This is a libel in personam for cancellation by the charterer of a charter party entered into on June 18, 1919, for the ship Kerry Range. The charter party in the tenth article provided: "Should the steamer not be ready for cargo at her loading port on or before July 3, 1919, the charterers or their agents to have the option of canceling this charter party at any time not later than the day of steamer's readiness." The Kerry Range appeared...

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