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SMITH, KIRKPATRICK & CO. v. COLOMBIAN S. S. CO.

No. 8087.

88 F.2d 392 (1937)

SMITH, KIRKPATRICK & CO. v. COLOMBIAN S. S. CO., Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

March 4, 1937.

Attorney(s) appearing for the Case

Chalmers G. Graham, of San Francisco, Cal., and Wm. A. Van Siclen, of Ancon, Canal Zone, for appellant.

Geo. H. Terriberry and Benjamin W. Yancey, both of New Orleans, La., and John O. Collins, of Ancon, Canal Zone, for appellees.

Before FOSTER and SIBLEY, Circuit Judges, and HOLLAND, District Judge.

FOSTER, Circuit Judge.

This is an appeal from a decree sustaining exceptions to a libel in admiralty and dismissing the suit.

The suit was brought by Smith, Kirkpatrick & Co., hereafter referred to as libelant in rem, against the steamship Haiti and in personam against her owner, Colombian Steamship Company, Inc., hereafter referred to as respondent. In substance, the material allegations of the libel are these:

On April 26, 1934, 250 bags of clean...

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