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TOYO KISEN KAISHA v. W. R. GRACE & CO.

No. 6514.

53 F.2d 740 (1931)

TOYO KISEN KAISHA v. W. R. GRACE & CO.

Circuit Court of Appeals, Ninth Circuit.

November 30, 1931.

Attorney(s) appearing for the Case

Knight, Boland & Christin, of San Francisco, Cal., for appellant.

Orrick, Palmer & Dahlquist, of San Francisco, Cal. (R. W. Palmer, George Herrington, and W. J. Kenney, all of San Francisco, Cal., of counsel), for appellee.

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

SAWTELLE, Circuit Judge.

On January 14, 1921, the appellee, at its San Francisco office, engaged space with appellant's office, also at San Francisco, for a shipment of nitrate of soda "from nitrate port to Honolulu," on appellant's steamer, Tokuyo Maru. Space and freight charges were arranged for by means of the following letter, which was confirmed by the appellant:

"Referring to our telephone conversations during...

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