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BARR v. INTERNATIONAL MERCANTILE MARINE CO.

No. A-4698.

24 F.2d 859 (1928)

BARR v. INTERNATIONAL MERCANTILE MARINE CO.

District Court, E. D. New York.

January 24, 1928.

Attorney(s) appearing for the Case

Victor Willard Cutting, of New York City, for libelant.

Burlingham, Veeder, Masten & Fearey, of New York City (Ray Rood Allen and Eugene Underwood, Jr., both of New York City, of counsel), for respondent.

CAMPBELL, District Judge.

This case was tried on stipulation, except that under a reservation therein expert testimony was given in court.

Articles 4, 5, and 6 of the stipulation read as follows:

"(4) When the voyage commenced, and when the New York sailed, said vessel, her appurtenances and equipment, including her refrigerating plant, were in all respects seaworthy, and she was properly manned, equipped, and supplied, except as the contrary may appear...

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