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UNITED STATES SHIPPING BOARD ETC. v. TEXAS STAR FLOUR MILLS

No. 4581.

12 F.2d 9 (1926)

UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION v. TEXAS STAR FLOUR MILLS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 22, 1926.

Attorney(s) appearing for the Case

H. M. Holden, U. S. Atty., of Houston, Tex., for plaintiff in error.

J. Newton Rayzor, of Houston, Tex. (Lockhart, Hughes, Lockhart & Rayzor, of Galveston, Tex., and J. Newton Rayzor, of Houston, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the defendant in error (herein called the shipper), whose principal place of business is at Galveston, Tex., against the plaintiff in error, United States Shipping Board Emergency Fleet Corporation (herein called the carrier), to recover the alleged amount of damage to flour shipped on a vessel of the carrier. The petition contained allegations to the following effect:

The carrier through its agent on December 15...

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