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CONNECTICUT FIRE INS. CO. v. LAKE TRANSFER CORP.

No. 73.

74 F.2d 258 (1934)

CONNECTICUT FIRE INS. CO. v. LAKE TRANSFER CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

December 17, 1934.

Attorney(s) appearing for the Case

Burke & Desmond, of Buffalo, N. Y., and Robert M. McCormick, of New York City (Charles S. Desmond, of Buffalo, N. Y., of counsel), for appellant Lake Transfer Corporation.

Slee, O'Brian, Hellings & Ulsh, of Buffalo, N. Y. (Dana B. Hellings, of Buffalo, N. Y., of counsel), for appellant Hanna Furnace Corporation.

Purdy & Purdy, of New York City (Edmund F. Lamb and John E. Purdy, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This litigation arises out of the refusal by the purchaser of a shipment of sulphur to accept delivery of the final barge load because two prior barge loads had been contaminated with iron ore. The seller employed Seaboard Great Lakes Corporation to transport the sulphur from New York City to Middleport, on the New York State Barge Canal. It was laden on seven barges, four of which carried their loads directly to Middleport, where they were delivered...

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