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CALIFORNIA & HAWAIIAN SUGAR REFINING CORP. v. RIDEOUT

No. 6394.

53 F.2d 322 (1931)

CALIFORNIA & HAWAIIAN SUGAR REFINING CORPORATION et al. v. RIDEOUT et al.

Circuit Court of Appeals, Ninth Circuit.

November 2, 1931.

Attorney(s) appearing for the Case

S. Hasket Derby, Joseph C. Sharp, James A. Quinby, and Lloyd M. Tweedt, all of San Francisco, Cal., for appellant.

Lillick, Olson & Graham, of San Francisco, Cal., for appellee Rideout.

Gregory, Hunt & Melvin, T. T. C. Gregory, William H. Hunt, and Wallace Sheehan, all of San Francisco, Cal., for appellee Bay Transport Co.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.

SAWTELLE, Circuit Judge.

Involving two libels for the loss of a cargo of sugar and flour transported on the barge Rideout No. 7, this is an appeal from a decree of dismissal. The trial court found that failure to deliver was caused by the capsizing of the barge, which capsizing, in turn, was "proximately caused by the unexpected and `freak' storm encountered in San Pablo Bay." In other words, the court below held that the appellee carriers were excused from liability...

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