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UNITED STATES v. COAL CARGO

Nos. 95, 96.

11 F.2d 805 (1924)

UNITED STATES v. COAL CARGO OF THE HENRY COUNTY. SAME v. COAL CARGO OF THE FRANKLIN COUNTY.

District Court, E. D. Pennsylvania.

October 16, 1924.

Attorney(s) appearing for the Case

George W. Coles, U. S. Atty., and Joseph L. Kun, Asst. U. S. Atty., both of Philadelphia, Pa., and Harold F. Birnbaum and Arthur M. Boal, both of Washington, D. C., for the United States.

T. Catesby Jones and James W. Ryan, both of New York City, and Howard H. Yocum, of Philadelphia, Pa., opposed.

McKEEHAN, District Judge.

These two cases were tried together. They are libels by the United States of America, as owner of the steamers Henry County and Franklin County, to recover from the respondent demurrage charges alleged to have been earned in the port of Philadelphia in June and July, 1920; the claim on the Henry County being $60,842.58, and on the Franklin County $57,095.71.

By two contracts of affreightment, dated May 28, 1920, the libelant agreed...

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