THE PETER HELMS

No. 13888.

24 F.Supp. 461 (1938)

THE PETER HELMS. EVERETT PULP & PAPER CO. v. McCORMICK S. S. CO.

District Court, W. D. Washington, N. D.

September 2, 1938.


Attorney(s) appearing for the Case

Hayden, Merritt, Summers & Bucey, of Seattle, Wash., for libelant.

Bogle, Bogle & Gates, of Seattle, Wash., for claimant and respondents.


BOWEN, District Judge.

Action for cargo damage. Exceptions to amended libel.

The cause of action of the amended libel is predicated upon alleged wrongful ondeck stowage contrary to any stowage right of the carrier under a contract of carriage alleged to be a "clean bill of lading" calling for under-deck stowage. But libelant's stipulation setting forth a copy of the bill of lading amends the amended libel by showing from the bill of lading itself that "* ...

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