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GRAMMER S. S. CORPORATION v. JAMES RICHARDSON & SONS

No. 59.

47 F.2d 186 (1931)

GRAMMER S. S. CORPORATION v. JAMES RICHARDSON & SONS, Limited. JAMES RICHARDSON & SONS, Limited, v. GRAMMER S. S. CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

Single & Single, of New York City, and Stanley & Gidley, of Buffalo, N. Y. (Forrest E. Single and Horace T. Atkins, both of New York City, of counsel), for appellant.

Brown, Ely & Richards, of Buffalo, N. Y. (Thomas H. Garry and Frederick L. Leckie, both of Cleveland, Ohio, and John B. Richards, of Buffalo, N. Y., of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

The facts, as well as the applicable principles of law, are discussed in detail in the thorough and careful opinion of the District Judge, reported in 37 F.2d 366. Little need be added to what is there said.

The decree was awarded the shipowner upon the theory that it had fully performed its contract of carriage. This is challenged by appellant, first, upon the ground...

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