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THE BALDHILL

No. 272.

42 F.2d 123 (1930)

THE BALDHILL. UNITED STATES v. ATLANTIC REFINING CO.

Circuit Court of Appeals, Second Circuit.

May 5, 1930.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Charles E. Wythe, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Howard M. Long and John H. Stone, both of Philadelphia, Pa., and Eugene Underwood, Jr., and Roscoe H. Hupper, both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The charter party, dated September 5, 1924, hired the tank steamer Baldhill to the appellee to proceed to one safe United States gulf port, excluding Houston; the charterers having the privilege of loading at:

"(Atreco and Port Arthur or Sabine to count as one port)

"(Smith's Bluff and Sabine or Port Arthur to count as one port)

"(Beaumont and Sabine, to count as one port)

"(Pasadena or Sinco and/or Texas City...

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