H. LISSNER & CO. v. OCEANIC STEAM NAV. CO.

No. 136.

30 F.2d 290 (1929)

H. LISSNER & CO., Inc., v. OCEANIC STEAM NAV. CO., Limited.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.


Attorney(s) appearing for the Case

Harry D. Thirkield, of New York City, for appellant.

Burlingham, Veeder, Masten & Fearey, of New York City (Ray Rood Allen and Norman M. Barron, both of New York City, of counsel), for appellee.

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


PER CURIAM.

This appeal is from an alleged interlocutory decree which provides as follows:

"Ordered, that libelant's said damages be computed on the basis of the $100 per package clause contained in the bill of lading set forth in the libel, and not on any higher basis: Provided, however, that the allegations of said libel which have not been admitted by respondent in its answer be duly established before the commissioner by stipulation between the parties...

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