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CITIES SERVICE TRANSP. CO. v. GULF REFINING CO.

No. 86.

79 F.2d 521 (1935)

CITIES SERVICE TRANSP. CO. v. GULF REFINING CO.

Circuit Court of Appeals, Second Circuit.

November 4, 1935.

Attorney(s) appearing for the Case

James L. Gillingham, of New York City, for appellant.

Hatch & Wolfe, of New York City (Carver W. Wolfe, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

We need consider no other question in this case than whether the libellant, the owner, was at fault as well as the charterer. This suit was for breach of a charter party in which the charterer agreed that "the steamer shall load and discharge at a place or at a dock or alongside lighters * * * which shall be indicated by charterers and where she can lie always afloat." The charterer's port captain pointed out the place where she should lie to load and...

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