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OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA

42 F.2d 717 (1930)

OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA.

District Court, S. D. New York.

June 17, 1930.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Henry N. Longley and Ezra G. Benedict Fox, both of New York City, of counsel), for libelant.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for respondent.

MACK, Circuit Judge.

The Circuit Court of Appeals in reversing the dismissal of the libel directed a decree providing for the assessment of the damages caused by the failure of respondent to deliver certain merchandise. 27 F.2d 129. The sole question before me is the applicable measure of damages.

Libelant contends that it should be based on the value of the goods at the contemplated destination: respondent that under clause...

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