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ARMOUR FERTILIZER WORKS v. JACOBUS-GRAUWILLER CO.

No. 245.

26 F.2d 775 (1928)

ARMOUR FERTILIZER WORKS v. JACOBUS-GRAUWILLER CO. et al. DONOVAN et al. v. MURPHY et al.

Circuit Court of Appeals, Second Circuit.

June 4, 1928.

Attorney(s) appearing for the Case

Duncan & Mount, of New York City (Russell T. Mount and Frank A. Bull, both of New York City, of counsel), for libelant appellant.

Alexander & Ash, of New York City (Edward Ash, of New York City, of counsel), for respondent appellee Jacobus-Grauwiller Co.

Foley & Martin, of New York City (James A. Martin and Edward E. Elder, both of New York City, of counsel), for appellees Donovan and Tucker.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee Murphy.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The appellee Jacobus-Grauwiller Company furnished to the appellant the barge Walter Bros., to carry bags of fertilizer, which appellee Jacobus-Grauwiller Company agreed to carry safely from Chrome, N. J., and deliver them alongside the steamship San Juan, lying at a pier in the harbor of New York. Loading the fertilizer on the Walter Bros. was completed August 21, 1920, at 3 p. m., and at about 11 p. m. that night, while the barge was still...

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