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T. M. DUCHE & SONS v. LLOYD MEDITERRANEO

No. 8656.

31 F.2d 496 (1928)

T. M. DUCHE & SONS v. LLOYD MEDITERRANEO.

District Court, E. D. New York.

December 3, 1928.

Attorney(s) appearing for the Case

Harry D. Thirkield, of New York City, for libelant.

Loomis & Ruebush, of New York City, for respondent.

MOSCOWITZ, District Judge.

This libel is for an alleged failure to deliver in good condition 250 cases of shelled walnuts claimed to have been shipped in good order and condition on or about February 19, 1925, on the S. S. Valperga, and claimed to have been delivered in New York badly damaged by water or other foreign substance.

The bill of lading contained the following provision, among others: "The carrier shall not be liable for any claim for loss or damage...

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