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ARROZ MILLING COMPANY v. MEXICAN-AMERICAN FRUIT & STEAMSHIP CORPORATION

No. 5807.

42 F.2d 1012 (1930)

ARROZ MILLING COMPANY et al., Appellants, v. MEXICAN-AMERICAN FRUIT & STEAMSHIP CORPORATION, Appellee.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 10, 1930.

Attorney(s) appearing for the Case

Carroll Single, of New York City, Eberhard P. Deutsch and Henry P. Dart, Jr., both of New Orleans, La., and J. M. Richardson Lyeth, of New York City (Single & Single and Carter, Ledyard & Milburn, all of New York City, and Dart & Dart and Deutsch & Kerrigan, all of New Orleans, La., on the brief), for appellants.

Geo. H. Terriberry and Jos. M. Rault, both of New Orleans, La. (Terriberry, Young, Rault & Carroll, of New Orleans, La., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

FOSTER, Circuit Judge.

The steamship Yuma, owned by appellee, sailed from New Orleans on March 5, 1926, on a voyage to Vera Cruz. About 35 miles below the city, while in charge of a compulsory pilot, she collided with the west bank of the Mississippi river, striking it a glancing blow with her starboard bow. An immediate inspection failed to disclose any damage, and she proceeded on her voyage. The next day a leak developed in her No. 1 hold, as a result of which...

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