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THE JOSEPHINE

No. 4408.

49 F.2d 207 (1931)

THE JOSEPHINE. TEXAS CO. (SOUTH AMERICA), Limited, et al. v. CUMMINS et al.

Circuit Court of Appeals, Third Circuit.

April 6, 1931.

Attorney(s) appearing for the Case

Acker, Manning & Brown, of Philadelphia, Pa., and Bigham, Englar, Jones & Houston and Oscar R. Houston, all of New York City, for appellants.

Howard M. Long, of Philadelphia, Pa., and Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Roscoe H. Hupper and William J. Dean, both of New York City, of counsel), for appellees.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMPSON, District Judge.

WOOLLEY, Circuit Judge.

The Schooner "Josephine," having sailed from Port Arthur, Texas, arrived at Pernambuco, Brazil, her port of destination, long overdue with her cargo damaged by water taken aboard during heavy weather. The Texas Company, the ostensible owner of the cargo and party to the charter, filed a libel in rem for damages. Although The Texas Company (South America) Limited, an affiliated corporation, intervened as the real party injured, we shall, for...

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