SOPER, District Judge.
The Spanish American Line, Incorporated, as owner of the steamship Nord and the steamship Dago, brings this libel against the Baugh Chemical Company, complaining of the breach by the latter of a charter party of October 4, 1929, wherein the respondent engaged to charter from the libelant the Dago or substitute to carry a cargo of fertilizer from Baltimore, Md., to Halifax, Nova Scotia. The charter contained the following provision:
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