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YUKON MILL & GRAIN CO. v. LONE STAR S. S. CO.

40 F.2d 752 (1929)

YUKON MILL & GRAIN CO. v. LONE STAR S. S. CO.

District Court, S. D. Texas, at Galveston.

November 19, 1929.

Attorney(s) appearing for the Case

Fulbright, Crooker & Freeman and Carl G. Stearns, all of Houston, Tex., for libelant.

Terry, Cavin & Mills, of Galveston, Tex., for defendant.

HUTCHESON, District Judge.

In this case the libelant is clearly entitled to recover for the mishandling of its shipment, unless clause 9 in the bill of lading as follows: "9. The carrier shall have liberty, in its discretion, before or after shipment, or loading, to substitute or ship the whole or any part of the goods by any other steamship or steamships, although prior or subsequent; and shall have liberty in its discretion...

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