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EASTERN S. S. CO. v. 170,040 50/60 BUSHELS OF WHEAT

Nos. 1247, 1248.

1 F.2d 558 (1924)

EASTERN S. S. CO. v. 170,040 50/60 BUSHELS OF WHEAT, etc. PIONEER S. S. CO. v. 92,680 BUSHELS OF WHEAT, etc.

District Court, W. D. New York.

July 26, 1924.

Attorney(s) appearing for the Case

Goulder, White & Garry, of Cleveland, Ohio, and Thomas C. Burke, of Buffalo, N. Y. (Thomas H. Garry, of Cleveland, Ohio, of counsel), for libelant Eastern S. S. Co.

Holding, Masten, Duncan & Leckie, of Cleveland, Ohio, and Thomas C. Burke, of Buffalo, N. Y. (Fred L. Leckie, of Cleveland, Ohio, of counsel), for libelant Pioneer S. S. Co.

Stanley & Gidley, of Buffalo, N. Y. (Ray M. Stanley and Ellis H Gidley, both of Buffalo, N. Y., of counsel), for respondents.

HAZEL, District Judge.

The above-entitled actions in rem, being similar as to material matters, were tried together by consent of the parties. They were brought by the owners of lake steamers James P. Walsh and Joseph Wood against cargoes of grain, to recover damages for detention and delay in unloading at elevators in Buffalo in the month of October, 1922. The libels substantially allege that the cargo owners designated a care party in the bill of lading and failed...

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