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WITTENBERG COAL CO. v. COMPAGNIE HAVRAISE PENINSULAIRE, ETC.

No. 184.

22 F.2d 904 (1927)

WITTENBERG COAL CO. v. COMPAGNIE HAVRAISE PENINSULAIRE DE NAVIGATION A VAPEUR.

Circuit Court of Appeals, Second Circuit.

December 12, 1927.

Attorney(s) appearing for the Case

Joseph P. Nolan, of New York City (Roscoe H. Hupper, of New York City, of counsel), for appellant.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Ira A. Campbell, Roger B. Siddall, and John M. Woolsey, all of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

A libel was filed February 15, 1923, and process issued, seeking a decree for the value of bunker coal delivered at Philadelphia to two vessels of appellant's ownership. The coal was delivered and consumed, and payment declined. On August 27, 1923, an answer was filed, with annexed interrogatories. It admitted the ownership of the vessels, and denied a partnership and agency relation alleged to exist between the appellant and the Algerian American...

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