THE PACIFIC CEDAR

No. 6660.

61 F.2d 187 (1932)

THE PACIFIC CEDAR. KRAUSS BROS. LUMBER CO. v. DIMON S. S. CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

On Petition for Modification of Opinion, November 7, 1932.


Attorney(s) appearing for the Case

Lane Summers and Hayden, Merritt, Summers & Bucey, all of Seattle, Wash., for appellant.

Lawrence Bogle, Cassius E. Gates, Claude E. Wakefield, and Bogle, Bogle & Gates, all of Seattle, Wash., for appellee.

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


WILBUR, Circuit Judge.

The appellant filed a libel in rem against the steamship Pacific Cedar, and in personam against her owner. The trial court sustained the exception to the libel filed by the respondent upon the ground that admiralty was without jurisdiction over the matter and dismissed the libel. From this decree the libelant takes this appeal.

The object of the action is to recover an overpayment of freight made by the libelant to the respondent. The...

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