THE KERMIT

No. 7582.

76 F.2d 363 (1935)

THE KERMIT. LAMBORN et al. v. AMERICAN SHIP & COMMERCE NAVIGATION CORPORATION et al.

Circuit Court of Appeals, Ninth Circuit.

March 25, 1935.


Attorney(s) appearing for the Case

Alfred C. B. McNevin, of New York City, L. K. Vermille and Overton, Lyman & Plumb, all of Los Angeles, Cal., and Farnham P. Griffiths, George E. Dane, and McCutchen, Olney, Mannon & Greene, all of San Francisco, Cal., for appellants and cross-appellees.

Ira S. Lillick, of San Francisco, Cal., John C. McHose and Young, Lillick, Olson & Kelly, all of Los Angeles, Cal., and James H. Herbert and Kirlin, Campbell, Hickox, Keating and McGrann, all of New York City, for appellee and cross-appellant.

Before WILBUR and GARRECHT, Circuit Judges, and NORCROSS, District Judge.


GARRECHT, Circuit Judge.

This case is before this court on appeal and cross-appeal from a decree in an action in rem in admiralty.

The original libel by appellants and cross-appellees against the steamship Kermit was an ordinary libel for cargo damage. It alleged that the respondent vessel was a common carrier; that there were shipped on board her at Hamburg, June 15 and 17, 1920, 16,780 cases of refined sugar for carriage to New York; that clean bills of...

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