ATLANTIC FRUIT CO. v. ORITANI

No. 4498.

54 F.2d 1075 (1931)

ATLANTIC FRUIT CO., Inc., Appellant, v. THE S. S. ORITANI, Whereof Ormee S. S. Company, Limited, of Montreal, Canada, are Owners and Claimants, Appellee.

Circuit Court of Appeals, Third Circuit.

December 24, 1931.


Attorney(s) appearing for the Case

Lewis Adler & Laws, of Philadelphia, Pa., and Single & Hill, of New York City (Alonzo L. Tyler, of New York City, Otto Wolff, Jr., of Philadelphia, Pa., and Forrest E. Single, of New York City, of counsel), for appellant.

Biddle, Paul, Dawson & Yocum, of Philadelphia, Pa. (Howard H. Yocum, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


PER CURIAM.

In this case a libel was filed by the Atlantic Fruit Company, charterer, against the steamship Oritani for value of a cargo of bananas lost when the steamship ran on a reef. The case was heard in the court below and the libel dismissed. The questions involved were important, the testimony voluminous, and the facts conflicting. The trial judge filed a most comprehensive opinion, 40 F.2d 522, in which he discussed the proofs...

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