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KOKUSAI KISEN KABUSHIKI KAISHA v. TEXAS GULF SULPHUR CO.

No. 5347.

33 F.2d 232 (1929)

KOKUSAI KISEN KABUSHIKI KAISHA v. TEXAS GULF SULPHUR CO. THE ETNA MARU.

Circuit Court of Appeals, Fifth Circuit.

June 19, 1929.

Attorney(s) appearing for the Case

George C. Sprague, of New York City, and W. E. Cranford, of Galveston, Tex. (Hunt, Hill & Betts, of New York City, Armstrong & Cranford, of Galveston, Tex., and E. F. Rapallo, of New York City, on the brief), for appellant.

T. Catesby Jones and Henry N. Longley, both of New York City, and Henry C. Hughes, of Galveston, Tex. (Bigham, Englar & Jones, of New York City, Lockhart, Hughes & Lockhart, of Galveston, Tex., and Ezra G. Benedict Fox, of New York City, on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

In this case it appears without dispute that appellee chartered the Japanese steamship Etna Maru to carry 8,500 tons of sulphur from Galveston, Tex., to Harburg, Germany. The charter was entered into in New York on behalf of appellant by Suzki & Co., Limited, as agents, and contained the usual warranty that the vessel was tight, staunch, and strong, and in every way fitted for the voyage, and to be maintained in such condition by the owners...

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