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O'BOYLE v. UNITED STATES

No. 139.

47 F.2d 585 (1931)

O'BOYLE v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 16, 1931.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and Alfred C. McKenzie, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action was brought to recover damages sustained by Anthony O'Boyle, owner of the coal boat Hattie, while under a demise charter to the defendant. The charter party was made to the United States through the agency of the War Department, and provided: "That the boat will be returned * * * in the same condition as received except as deteriorated by ordinary wear and tear, the act of God, or by any person or agency for whose acts...

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