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THE PRESIDENT

52 F.2d 680 (1931)

THE PRESIDENT. L. C. LEONARD LUMBER CO., Inc., v. MALLORY S. S. CO.

District Court, S. D. New York.

July 22, 1931.

Attorney(s) appearing for the Case

Neil P. Cullom, of New York City, for libelant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Ray Rood Allen and Norman M. Barron, both of New York City, of counsel), for claimants.

KNOX, District Judge.

The facts giving rise to this suit, as stated by claimant, are as follows:

"W. T. Smith Lumber Company shipped by claimant's S. S. Agwistar 5,244 pieces of yellow pine decking and lumber from Mobile, Ala., under a bill of lading issued January 30, 1926 consigned to libellant at New York, `Route Lighterage Limits' (claimant's Exh. A).

"On February 2, 1926, three days before the Agwistar's arrival, claimant requested delivery instructions...

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