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THE KERMIT

No. 1899.

6 F.Supp. 113 (1934)

THE KERMIT.

District Court, S. D. California, S. D.

January 8, 1934.

Attorney(s) appearing for the Case

Alfred C. B. McNevin, of New York City (Overton, Lyman & Plumb and L. K. Vermille, all of Los Angeles, Cal., of counsel), for libelants.

Young, Lillick, Olson, Graham & Kelly, of Los Angeles, Cal. (John C. McHose, of Los Angeles, Cal., of counsel), for respondent and claimant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (James H. Herbert, of New York City, of counsel), for respondent and claimant.

COSGRAVE, District Judge.

My conclusions with respect to all of the issues here presented, other than the statute of limitations, are in favor of the libelant. The frail and unsafe condition of the containers of the sugar was noticed at the time the cargo was loaded at Hamburg. Contrary, however, to this known fact, a bill of lading was issued certifying that the cargo was in apparent good condition. On the strength of this bill of lading, payment was made in Dresden...

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