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JAMES RICHARDSON & SONS v. W. E. HEDGER TRANSP. CORP.

No. 381.

98 F.2d 55 (1938)

JAMES RICHARDSON & SONS, Limited, v. W. E. HEDGER TRANSP. CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 12, 1938.

Attorney(s) appearing for the Case

Otto & Easterday, of New York City (Henry E. Otto and Edmond B. Butler, both of New York City, of counsel), for cross-libelant-appellant.

Foley & Martin, of New York City, (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

September 24, 1936 appellant agreed to ship one million bushels of wheat from Buffalo to New York by water transportation and appellee agreed to furnish necessary insurable canal tonnage to transport this cargo. The contract provided for loading between October 15 and November 15, 1936. At this time the canal season was drawing to a close; it was before winter freeze-in. About 320,000 bushels were loaded...

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