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PETROLEUM EXPORT CORPORATION v. KERR S. S. CO.

No. 5677.

32 F.2d 969 (1929)

PETROLEUM EXPORT CORPORATION et al. v. KERR S. S. CO., Inc.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 1, 1929.

Attorney(s) appearing for the Case

Alfred L. Black, Jr., and Carey McWilliams, both of Los Angeles, Cal., for appellants.

Ira S. Lillick and Lillick, Olson & Graham, all of San Francisco, Cal. (Ira S. Lillick, Chalmers G. Graham, and John C. McHose, all of San Francisco, Cal., on the brief), for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

This case was submitted to the court below on an agreed statement of facts. Some time prior to February 6, 1926, the Petroleum Export Corporation had sold 50,000 cases of kerosene to be shipped from the port of Los Angeles in February or March and was negotiating with the Kerr Steamship Company, Inc., for the transportation of the shipment from the latter port to the port of Shanghai, China. The shipper was informed by the carrier that the motorship...

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