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CUYAMEL FRUIT CO. v. BOSTROM

No. 4947.

19 F.2d 10 (1927)

CUYAMEL FRUIT CO. et al. v. BOSTROM et al. THE NICARAO.

Circuit Court of Appeals, Fifth Circuit.

May 5, 1927.

Attorney(s) appearing for the Case

Geo. H. Terriberry and Jos. M. Rault, both of New Orleans, La., for appellants.

Selim B. Lemle, of New Orleans, La. (Lemle, Moreno & Lemle, of New Orleans, La., on the brief), for appellee W. G. Coyle & Co., Inc.

John D. Grace, M. A. Grace, and Edwin H. Grace, all of New Orleans, La., for appellee Bostrom.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This is a case of salvage. The material facts, which are practically undisputed, are these:

The steamship Nicarao, owned by appellant, was discharged from the Jahncke dry dock at New Orleans at about 5 p. m., after undergoing certain repairs. She had no steam up and no crew on board, except the fourth engineer, a boatswain, and one or two others. About 8:30 p. m. the engineer found that the ship was leaking and called upon the superintendent...

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