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CHARLES DREIFUS CO. v. DIAMOND P. TRANSP. CO.

No. 1 of 1933.

7 F.Supp. 363 (1934)

CHARLES DREIFUS CO. v. DIAMOND P. TRANSP. CO.

District Court, E. D. Pennsylvania.

April 25, 1934.

Attorney(s) appearing for the Case

Owen B. Rhoads, of Dechert, Bok & Smith, of Philadelphia, Pa., and Thomas H. Middleton (of Single & Hill), of New York City, for plaintiff.

Samuel B. Fortenbaugh, Jr. (of Shields, Clark, Brown & McCown), of Philadelphia, Pa., for defendant.

DICKINSON, District Judge.

The libelant should recover.

Discussion.

The suit is to recover the value of a cargo of scrap iron lost in carriage by the sinking of the barge in which being carried. The libel is in rem against the navigating tug and in personam against the owner of the barge and tug. There was an undoubted failure of the carrier to comply with its contract of carriage. Congress, however, for...

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