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THE NEWPORT

No. 4527.

7 F.2d 452 (1925)

THE NEWPORT. G. AMSINCK & CO., Inc., v. PACIFIC MAIL S. S. CO.

Circuit Court of Appeals, Ninth Circuit.

August 3, 1925.

Attorney(s) appearing for the Case

Thacher & Wright, of San Francisco, Cal. (Thomas A. Thacher and Harrison A. Jones, both of San Francisco, Cal., of counsel), for appellant.

Farnham P. Griffiths, Harold A. Black, and McCutchen, Olney, Mannon & Greene, all of San Francisco, Cal., for appellees.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.

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

The negligence of the third assistant engineer is admitted, and respondents' case is rested wholly on the third section of the Harter Act (27 Statutes, 445). This section is as follows:

"Sec. 3. That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said...

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