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LUCKENBACH S. S. CO. v. AMERICAN MILLS CO.

No. 5155.

24 F.2d 704 (1928)

LUCKENBACH S. S. CO., Inc., v. AMERICAN MILLS CO.

Circuit Court of Appeals, Fifth Circuit.

March 1, 1928.

Attorney(s) appearing for the Case

Geo. H. Terriberry and Walter Carroll, both of New Orleans, La. (Terriberry, Young, Rault & Carroll, of New Orleans, La., on the brief), for appellant.

Edwin T. Merrick, Ralph Schwarz, and Morris B. Redmann, all of New Orleans, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellee was awarded by the decree appealed from the value of 1,450 cots that were destroyed by fire while on a wharf in New Orleans awaiting loading on appellant's steamer for shipment to Seattle. Appellee had 2,852 cots, which it desired to ship, and which it delivered, at appellant's request, on the wharf, and was given by appellant's agent a memorandum acknowledging receipt. After 1,402 cots had been loaded, a fire broke out and destroyed...

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