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EMMONS COAL MINING CORPORATION v. SIR R. ROPNER & CO.

No. 3810.

31 F.2d 948 (1929)

EMMONS COAL MINING CORPORATION et al. v. SIR R. ROPNER & CO., Limited.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 30, 1929.

Attorney(s) appearing for the Case

Acker, Manning & Brown, of Philadelphia, Pa. (J. Thurston Manning, Jr., of Philadelphia, Pa., of counsel), for appellants.

Biddle, Paul, Dawson & Yocum, of Philadelphia, Pa., and Burlingham, Veeder, Masten & Fearey, of New York City (Roscoe H. Hupper and William J. Dean, both of New York City, of counsel), for appellee.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMSON, District Judge.

BUFFINGTON, Circuit Judge.

Under date of May 1, 1920, Sir R. Ropner & Co., Limited, hereafter called Ropner, owner of sundry vessels, made a charter party with the Emmons Coal Mining Corporation, hereafter called Emmons. Thereafter Ropner, as was its right, nominated and furnished, and Emmons accepted, the steamship Ingleby to carry a cargo of coal to be furnished by Emmons. Accordingly, the Ingleby duly reported ready...

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