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THE W. C. FRANZ

2 F.Supp. 497 (1933)

THE W. C. FRANZ. HALLET CAREY SWART, Limited, v. ALGOMA CENT. & H. B. RY. CO.

District Court, W. D. New York.

February 17, 1933.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City, and Burke & Desmond, of Buffalo, N. Y., for libelant.

Brown, Ely & Richards, of Buffalo, N. Y. (Laurence E. Coffey and W. Alexander Eldridge, both of Buffalo, N. Y., of counsel), for respondent and claimant.

ADLER, District Judge.

The steamer W. C. Franz with a cargo of wheat belonging to libelant sailed from Port Arthur, Ontario, for Buffalo, on October 22, 1929. She was duly inspected before sailing. I find that her officers and crew were competent. Immediately after leaving Port Arthur she ran into heavy weather and proceeded as far as Thunder Cape, but the weather was considered too heavy to proceed farther and the ship ran into Thunder Bay and anchored, where she...

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