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GARDNER v. DANTZLER LUMBER & EXPORT CO.

No. 8641.

98 F.2d 478 (1938)

GARDNER et al. v. DANTZLER LUMBER & EXPORT CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

August 9, 1938.

Attorney(s) appearing for the Case

Harry F. Stiles, Jr., of New Orleans, La., and W. F. Hobbs, of Tampa, Fla., for appellants.

Joseph P. Lieb, Morris E. White, and E. C. Johnson, all of Tampa, Fla., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

Appellee, Dantzler Lumber & Export Co., Inc., filed a libel in personam, against L. C. Gardner, to recover damages of $2,929.46, for loss of a cargo of 101,800 feet of pine lumber shipped from Mobile, Alabama, to Nuevitas, Cuba, on the schooner J. Edwin Kerwin, which vessel foundered at sea with a total loss of cargo and vessel. The libel alleged that the vessel was unseaworthy at the inception of the voyage. Later an amended libel was filed...

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