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THE WESTMORELAND

No. 41.

86 F.2d 96 (1936)

THE WESTMORELAND.

Circuit Court of Appeals, Second Circuit.

November 9, 1936.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Henry N. Longley and Ezra G. B. Fox, both of New York City, of counsel), for appellant.

Lynch, Hagen & Atkins, of New York City (Horace T. Atkins, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

The case comes up upon appeal from a decree for the claimant-respondent in a suit in rem and in personam upon cargo damage. The libellant was the owner of a cargo of sulphate of ammonia for the carriage of which between Everett, Massachusetts, and Norfolk, Virginia, it chartered the barge, "Westmoreland." Towards the end of this voyage while near Cape May, the barge sprang a leak in moderate weather and damaged the cargo. The charter party...

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