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W. P. TANNER-GROSS & CO. v. JAMES W. ELWELL & CO.

2 F.2d 396 (1924)

W. P. TANNER-GROSS & CO., Inc., v. JAMES W. ELWELL & CO.

District Court, S. D. New York.

August, 1924.

Attorney(s) appearing for the Case

Neil P. Cullom, of New York City, for libelant.

Loomis & Ruebush, of New York City, for petitioners.

William Hayward, of New York City, for respondents.

BONDY, District Judge.

This is a libel to recover damages for the breach of a contract to carry flour from New York to Gibraltar on the steamship Waukau, sailing from New York during the month of June, 1920, according to terms set forth in a bill of lading signed by the respondent. The respondent, James W. Elwell & Co., Inc., filed a petition alleging that, as was known to the libelant, the Waukau was owned by the United States, and that the contract was made...

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