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OCEAN CARRIERS CO. v. A CARGO OF CORK

No. 115.

30 F.2d 288 (1929)

OCEAN CARRIERS CO., Inc., v. A CARGO OF CORK et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (William J. Dean, of New York City, of counsel), for appellants.

Duncan & Mount, of New York City (John A. McManus, of New York City, of counsel), for appellee.

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

PER CURIAM.

The record in this case is confused, but there is no question that the respondent failed on March 5th to take the cargo as delivered. If it had wished to assort the parcels by the chop marks, it should have provided sufficient space upon the pier for that purpose. The libelant was responsible only for delivery according to the "main marks," and there was room enough for such assortment, had the respondent been there to accept delivery. As it was not, the...

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