THE CASEY


39 F.2d 136 (1930)

THE CASEY. HILLS BROS. CO. v. UNITED STATES.

District Court, S. D. New York.

March 25, 1930.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (M. P. Detels, of New York City, of counsel), for libelant.

Charles H. Tuttle, U. S. Atty., of New York City (Walter Schaffner, of New York City, of counsel), for respondent.


WOOLSEY, District Judge.

The other exceptions having been withdrawn, my decision in this case is that the exception that the libel fails to state a cause of action in general average must be sustained, and as this is a test case and by stipulation the parties have put all necessary documents in evidence, I dismiss the libel with costs.

The Hills Brothers Company, the libelant herein, was at the relevant times the owner of 650 skeletons of figs which were shipped...

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