THE INDIEN

No. 7359.

71 F.2d 752 (1934)

THE INDIEN. ORIENT S. S. CO. v. MITSUBISHI SHOJI KAISHA, Limited.

Circuit Court of Appeals, Ninth Circuit.

June 15, 1934.


Attorney(s) appearing for the Case

Ira S. Lillick, John C. McHose, J. Arthur Olson, H. R. Kelly, and Young, Lillick, Olson, Graham & Kelly, all of Los Angeles, Cal., for appellant.

Alfred T. Cluff and Sawyer & Cluff, all of Los Angeles, Cal., and Hill & Rivkins, of New York City, for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.


SAWTELLE, Circuit Judge.

Based principally upon the alleged error of the court below in finding that the appellant's motorship was unseaworthy and that due diligence had not been exercised in that regard, this is an appeal in an admiralty cargo damage suit from an interlocutory decree in favor of the libelant appellee.

The appellee was the purchaser and consignee of a shipment of ammophos fertilizer, part of which was damaged by sea water while on board the...

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