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GALBAN LOBO & CO. v. UNITED STATES

No. 202.

18 F.2d 221 (1927)

GALBAN LOBO & CO., S. A., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 14, 1927.

Attorney(s) appearing for the Case

Everett, Clarke & Benedict, of New York City (Herman S. Hertwig and Walter C. Elliott, both of New York City, of counsel), for appellant.

Emory R. Buckner, U. S. Atty., of New York City (Horace M. Gray, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

The appellant, a Cuban corporation, chartered the steamship Elmac, owned and operated by the appellee, on February 16, 1921, to carry a cargo of sugar from Havana to New York or Philadelphia. When the charter was executed, and before February 21st, the appellant was advised that the steamship was ready for the cargo in Havana, and acting upon such advices put the cargo on board lighters and tendered...

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