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ORVIG'S DAMPSKIBSELSKAB AKTIESELSKAB v. MUNSON S. S. LINE

No. 131.

16 F.2d 957 (1927)

ORVIG'S DAMPSKIBSELSKAB AKTIESELSKAB v. MUNSON S. S. LINE.

Circuit Court of Appeals, Second Circuit.

January 10, 1927.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Herbert K. Stockton, of New York City, of counsel), for appellant.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Earl Appleman, of New York City), for appellee.

Before HOUGH, HAND, and MACK, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

This suit is based upon the breach of an undoubted maritime contract, and the form in which it is presented strongly indicates an attempt at a "case stated" for the opinion of the court.

We have before us a libel that states as facts some matters which can never be more than legal conclusions, also the written charter party; but we know nothing of the circumstances surrounding its fulfillment or occasioning...

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