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ALLIANCE TOBACCO CO. v. UNITED STATES

No. 369.

85 F.2d 86 (1936)

ALLIANCE TOBACCO CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 23, 1936.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (William E. Collins, Sp. Asst. U. S. Atty., of New York City, of counsel), for appellant.

Single & Tyler, of New York City (Wilmer H. Eberly and Alonzo L. Tyler, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The respondent appeals from an interlocutory decree in a suit brought under the Suits in Admiralty Act (section 742, title 46, U.S.Code, 46 U.S.C.A. § 742), to recover for damages to a parcel of tobacco carried from Antwerp to New York in January, 1928, in a vessel owned by the United States, but chartered to a private company. Upon examination by cargo surveyors at the outturn on February 4th, the tobacco was found to be wet and mouldy...

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