UNITED STATES v. ATLANTIC REFINING CO.


33 F.2d 366 (1929)

UNITED STATES v. ATLANTIC REFINING CO.

District Court, S. D. New York.

May 8, 1929.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Harold F. Birnbaum, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

John H. Stone and Howard M. Long, both of Philadelphia, Pa., Burlingham, Veeder, Fearey, Clark & Hupper, of New York City, Eugene Underwood, Jr., and Roscoe H. Hupper, both of New York City, of counsel), for respondent.


THACHER, District Judge (after stating facts as above).

The designation of Smith's Bluff as the loading point fixed the primary obligation of the vessel to proceed there before announcing arrival and readiness to load. Until she "arrived," no obligation could arise to furnish cargo. But here, as in so many cases, the obligation to proceed to the place of loading is qualified by the phrase, "or as near thereunto as she may safely get (always afloat) and there load...

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