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CANADIAN CO-OP. WHEAT PRODUCERS v. MATHEWS S. S. CO.

52 F.2d 495 (1928)

CANADIAN CO-OP. WHEAT PRODUCERS, Limited, et al. v. MATHEWS S. S. CO., Limited.

District Court, W. D. New York.

October 3, 1928.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City, and Burke & Desmond, of Buffalo, N. Y. (Charles S. Desmond, of Buffalo, N. Y., of counsel), for libelants.

Brown, Ely & Richards, of Buffalo, N. Y., for respondent.

HAZEL, District Judge.

This is in the nature of a demurrer to the sufficiency of the respondent's answer to the libel by exceptions to paragraphs 4 and 11. Libelant alleges that loss was sustained on account of damage to grain transported by respondent under the charter of its steamship. On arrival of the grain at Port Arthur, there was water in hold 6, containing the grain, wetting it to the extent of 25,000 bushels, the...

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