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PHOSPHATE MIN. CO. v. UNIONE AUSTRIACA DI NAVIGAZIONE, ETC.

No. 1.

3 F.2d 239 (1924)

PHOSPHATE MINING CO. v. UNIONE AUSTRIACA DI NAVIGAZIONE GIA AUSTRO-AMERICANA & FRATELLI COSULICH SOCIETA ANONIMA.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Clarence B. Smith, of New York City, of counsel), for appellant.

Burlingham, Veeder, Masten & Fearey, of New York City (Roscoe H. Hupper and Carl G. Stearns, both of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The appellant is an Austrian corporation and the appellee is a New York corporation. On July 17, 1913, at London, England, the appellee and Fratelli Cosulich executed a charter party in writing, wherein it was agreed that Fratelli Cosulich would carry a cargo of phosphate from Tampa, Fla., to Barcelona, Spain. The charter provided for the chartering "of the good steamships * * * to be named 14 days before readiness to load, but in any case not...

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