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THE INTERPORTS NO. 767

No. 30.

92 F.2d 601 (1937)

THE INTERPORTS NO. 767. THE INTERPORTS NO. 765. INTERPORTS TRANSP. CORPORATION v. MAINE SEABOARD PAPER CO.

Circuit Court of Appeals, Second Circuit.

November 8, 1937.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan and Horace L. Cheyney, both of New York City), for appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Norman M. Barron and Roscoe H. Hupper, both of New York City), for appellee.

Before MANTON and CHASE, Circuit Judges, and COXE, District Judge.

COXE, District Judge.

This is a suit for damages for injuries sustained by the barges No. 767 and No. 765 while under charter to the respondent. Both barges were owned by the libelant. At the trial, the respondent admitted liability for the damage to the No. 765, which left as the only issue in the case the damage to the No. 767. With respect to that damage, the judge held that there could be no recovery because of the protective provisions of the charter party. He...

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