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FISHER FLOURING MILLS CO. v. UNITED STATES

No. 4712.

17 F.2d 232 (1927)

FISHER FLOURING MILLS CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 31, 1927.

Attorney(s) appearing for the Case

H. H. A. Hastings and L. B. Stedman, both of Seattle, Wash. (J. B. Howe and D. G. Graham, both of Seattle, Wash., of counsel), for plaintiffs in error.

Thomas P. Revelle, U. S. Atty., and Chas E. Allen, both of Seattle, Wash., for the United States.

Before RUDKIN, Circuit Judge, and SAWTELLE and JAMES, District Judges.

RUDKIN, Circuit Judge.

August 9, 1920, the United States Emergency Fleet Corporation, acting through its managing agents at Seattle, chartered the steamship Yosemite to the Fisher Flouring Mills Company and the White-Dulany Company, to carry grain from Puget Sound to European ports. The charter party provided that the rate should be $20 per long ton, that loading should not commence before October 15, 1920, and that if the vessel was not tendered ready for loading...

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