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C. F. HARMS COMPANY v. TURNER CONSTRUCTION COMPANY

No. 15.

4 F.2d 1015 (1924)

C. F. HARMS COMPANY, Libelant-Appellant, v. TURNER CONSTRUCTION COMPANY, Defendant-Appellee.

Circuit Court of Appeals, Second Circuit.

December 15, 1924.

PER CURIAM.

This cause was heard November 5, 1924, and an opinion filed (3 F.2d 591), affirming the result reached below, viz. dismissal of the libel. But, as our opinion shows, we concurred in the result below solely on the ground that libelant had not succeeded in showing any negligence on the part of the respondent by a fair preponderance of proof. Libelant failed for lack of sufficient evidence. We are now advised that, not only...

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