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THE GLYMONT

No. 360.

66 F.2d 617 (1933)

THE GLYMONT. UNITED STATES v. AMERICAN TRADING CO.

Circuit Court of Appeals, Second Circuit.

August 1, 1933.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Myron H. Avery, Sp. Asst. to U. S. Atty., of Washington, D. C., of counsel), for appellant.

Bigham, Englar, Jones & Houston, of New York City (Martin Detels and Charles W. Harvey, both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

In 1919 the steamship Glymont undertook to carry a cargo of nitrate of soda from Mejillones, Chile, to Yokohama, Japan. After refueling at Honolulu in January, 1920, she proceeded on her voyage, but before arrival at her port of destination she ran out of fuel oil and had to be taken in tow by another vessel belonging to the libelant. This libel seeks to compel the respondent to pay general average for such towing services. The charter party under...

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