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LEHIGH VALLEY R. CO. v. STATE OF RUSSIA

Nos. 318, 319.

21 F.2d 396 (1927)

LEHIGH VALLEY R. CO. v. STATE OF RUSSIA.

Circuit Court of Appeals, Second Circuit.

August 8, 1927.

Attorney(s) appearing for the Case

Hornblower, Miller & Garrison, of New York City (Charles A. Boston, of New York City, George S. Hobart, of Newark, N. J., and Nash Rockwood, of New York City, Edgar H. Boles, and Richard W. Barrett, of counsel), for plaintiff in error.

Coudert Bros., of New York City (Frederick R. Coudert and Hartwell Cabell, both of New York City, Mahlon B. Doing, and B. F. Sturgis, of counsel), for the State of Russia.

Charles Recht and Osmond K. Fraenkel, amici curiæ.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

The defendant in error has recovered a judgment against the plaintiff in error for loss of explosives and ammunition while in transit from the United States to Russia and while in its possession as carrier in its freight yards at Jersey City, N. J. The loss is due to a fire and explosion occurring July 30, 1916, and it is admitted that the fire was incendiary in its origin. The action by the defendant in error was instituted by the Russian government...

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