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DAVIS v. DITTMAR

No. 251.

6 F.2d 141 (1925)

DAVIS, Director General, v. DITTMAR et al.

Circuit Court of Appeals, Second Circuit.

March 2, 1925.

Attorney(s) appearing for the Case

Macklin, Brown & Van Wyck, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant.

Charles M. Sheafe, Jr., of New Haven, Conn. (William L. Barnett and Edward R. Brumley, both of New York City, of counsel), for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

On June 13, 1919, the appellee Davis contracted with the appellee Dittmar for the transportation of coal from South Amboy to Piers 14 and 40, North River. The contract was made from June 1, 1919, prior to the date of the execution of the contract, to March 31, 1920. It provided that "all bottoms furnished by the party of the first part [Dittmar] under this agreement shall be staunch, strong, and in every way fitted for such transportation, and...

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