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WESTERN LUMBER MFG. CO. v. UNITED STATES

Nos. 17916, 17934, 17981, 18008.

9 F.2d 1004 (1925)

WESTERN LUMBER MFG. CO. v. UNITED STATES et al., and three other cases.

District Court, N. D. California, S. D.

December 15, 1925.

Attorney(s) appearing for the Case

Golden W. Bell and Bell & Simmons, all of San Francisco, Cal., for libelants in first three cases.

Carroll Single and Derby & Single, all of San Francisco, Cal., for other libelants.

Sterling Carr, U. S. Atty., of San Francisco, Cal., Frank Maytham, Sp. Asst. Atty. Gen., and Farnham P. Griffiths and McCutchen, Olney, Mannon & Greene, all of San Francisco, Cal., for respondents.

KERRIGAN, District Judge.

These are suits in personam for failure to deliver cargo. The goods in each case were delivered in San Francisco, for carriage by one or all of the respondents to a seaport on the Atlantic Coast. They were not delivered at their destination, but were in fact lost through an error of navigation upon the coast of Oregon.

The theory of libelants' case is that the carriage which diverted the goods from their transit to the eastern coast...

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