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COMPAGNIA ITALIANA TRASPORTO OLII MINERALI v. SUN OIL CO.

No. 331.

43 F.2d 683 (1930)

COMPAGNIA ITALIANA TRASPORTO OLII MINERALI v. SUN OIL CO.

Circuit Court of Appeals, Second Circuit.

July 14, 1930.

Attorney(s) appearing for the Case

Stern & Ellenwood, of New York City (Ernest J. Ellenwood and George H. Abbott, both of New York City, of counsel), for appellant.

Duncan & Mount, of New York City, and Lamberton & Moffett, of Philadelphia, Pa. (John A. McManus, of New York City, R. E. Lamberton, of Philadelphia, Pa., and Kenneth R. Thompson, of New York City, of counsel), for respondent.

Before L. HAND, CHASE, and MACK, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff agreed to buy, and the defendant to sell, the tanker Sun, "after inspection on drydock at Chester, Pa.," to be made by "Lloyd's Classification Surveyor." The buyer's representative might be present, and "suggest anything he thinks should be done, but Lloyd's Surveyor to definitely determine what is to be done to continue the steamer in present class. Inspection to be made to determine if the vessel is in satisfactory condition...

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