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ASHCRAFT-WILKINSON CO. v. UNITED STATES

No. 5200.

29 F.2d 961 (1929)

ASHCRAFT-WILKINSON CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 28, 1929.

Attorney(s) appearing for the Case

George L. Buist, of Charleston, S. C., and Marion Smith, of Atlanta, Ga. (Buist & Buist, of Charleston, S. C., and Little, Powell, Smith & Goldstein, of Atlanta, Ga., on the brief), for appellant.

C. P. Goree, Asst. U. S. Atty., of Atlanta, Ga., and H. F. Birnbaum, Sp. Asst. U. S. Atty., of New York City (Clint W. Hager, U. S. Atty., of Atlanta, Ga., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

In this case appellee filed a libel in personam against appellant to recover demurrage in the amount of $11,453.12 for delay in unloading the steamship Vittorio Emmanuele III, owned by appellee, alleged to have been caused by the default of appellant. The District Court found both at fault and, presumably on the theory of dividing the damages, awarded judgment for $5,012.50. Appellant seeks a complete reversal, and appellee asks for an amendment...

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