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VIRGINIA-CAROLINA CHEMICAL CORPORATION v. MURPHY

No. 5491.

32 F.2d 87 (1929)

VIRGINIA-CAROLINA CHEMICAL CORPORATION v. MURPHY. THE ROSE MURPHY.

Circuit Court of Appeals, Fifth Circuit.

April 15, 1929.

Attorney(s) appearing for the Case

Roscoe H. Hupper, of New York City, and Palmer Pillans and Alexis T. Gresham, both of Mobile, Ala. (Pillans, Cowley & Gresham, of Mobile, Ala., and Burlingham, Veeder, Fearey, Clark & Hupper, of New York City, on the brief), for appellant.

William G. Caffey and Harry T. Smith, both of Mobile, Ala., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The steamship Rose Murphy, while bound from South Boca Grande, Fla., to Pinners Point, Va., with a cargo of phosphate rock, foundered in the Straits of Florida. There was a total loss of ship and cargo. The charter party contained a warranty by the shipowner of seaworthiness subject to the exemptions from liability contained in the Harter Act (46 USCA §§ 190-195), and excepted "dangers and accidents of the seas," and any extraordinary...

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