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ATLANTIC TRANSPORT CO. v. ROSENBERG BROS. & CO.

No. 5757.

34 F.2d 843 (1929)

ATLANTIC TRANSPORT CO. OF WEST VIRGINIA et al. v. ROSENBERG BROS. & CO. et al.

Circuit Court of Appeals, Ninth Circuit.

September 23, 1929.

Attorney(s) appearing for the Case

Ira S. Lillick and Lillick, Olson & Graham, all of San Francisco, Cal. (Ira S. Lillick and J. Arthur Olson, both of San Francisco, Cal., on the brief), for appellants.

Farnham P. Griffiths, Harold A. Black, and McCutchen, Olney, Mannon & Greene, all of San Francisco, Cal., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

The appellees filed libels in personam to recover damages to their freight, carried by the Manchuria in her forward lower hold No. 1, and in No. 1 between decks, and No. 1 orlop deck, due to sea water entering these cargo spaces during a severe hurricane encountered by the Manchuria off the coast of Florida, from November 29 to December 3, 1925. The sea water from the forecastle entered the vessel through the anchor chain pipes, filled the chain...

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