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DU PONT DE NEMOURS & CO. v. BENTLEY

No. 357.

19 F.2d 354 (1927)

E. I. DU PONT DE NEMOURS & CO., Inc., v. BENTLEY et al.

Circuit Court of Appeals, Second Circuit.

May 2, 1927.

Attorney(s) appearing for the Case

Stanley & Gidley, of Buffalo, N. Y., and Bond, Schoeneck & King, of Syracuse, N. Y. (Ray M. Stanley and Ellis H. Gidley, both of Buffalo, N. Y., on the brief), for appellant.

Edward L. O'Donnell, of Utica, N. Y., Hancock, Dorr, Spriggs & Shove, of Syracuse, N. Y., and Coley & Kiley and George B. Russell, all of Canasota, N. Y., for appellee.

Before L. HAND and SWAN, Circuit Judges, and CAMPBELL, District Judge.

PER CURIAM.

The petition alleged no connection of the petitioner with the vessels, except as shown by the charter party, together with the fact that he used them to carry the powder. It must appear from the pleading itself that the petitioner is a charterer of the kind described in the statute, and here it is too plain for discussion that the charter party did not make him such. Smith v. Booth (D. C.) 110 F. 680. Whether other facts might bring him within the statute...

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