UNITED STATES SHIPPING BOARD MERCHANT F. CORP. v. DIETRICH

No. 291.

27 F.2d 681 (1928)

UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION v. DIETRICH.

Circuit Court of Appeals, Second Circuit.

July 9, 1928.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (George Biddle, Sp. Asst. U. S. Atty., of New York City, of counsel), for plaintiff in error.

Neil P. Cullom, of New York City (Henry W. Steingarten, of New York City, of counsel), for defendant in error.

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


SWAN, Circuit Judge.

For an understanding of the errors assigned it is necessary to refer to former litigation between the parties, as well as to analyze carefully the complaint in the present suit.

In August, 1921, plaintiff shipped flour on the steamship Panola, to be carried from Philadelphia to Helsingfors, Finland. The vessel was owned by the United States and operated by Susquehanna Steamship Company under a...

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