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THE GOYAZ

Nos. 49, 50.

3 F.2d 553 (1924)

THE GOYAZ

Circuit Court of Appeals, Second Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (D. Roger Englar and Henry B. Potter, both of New York City, of counsel), for libelants-appellants.

Purrington & McConnell, of New York City (William A. Purrington, Frank J. McConnell, and James D. Brown, all of New York City, of counsel), for claimant-appellee.

Burlingham, Veeder, Masten & Fearey, of New York City (Charles Burlingham and Carl G. Stearns, both of New York City, of counsel), for Thomsen & Co.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

These appeals present but a single question of fact. That question arises from the pleadings in the following manner:

Libelants charge that the hides went aboard in good condition and came off in bad. Prima facie that was enough to make out their case, if true; but libelants went further and averred that the damage was caused by contact with sea water, and the unseaworthiness of the Goyaz, while claimant...

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