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WARNER BARNES & CO. v. KOKOSAI KISEN KABUSHIKI KAISHA

Nos. 222, 223.

102 F.2d 450 (1939)

WARNER BARNES & CO., Limited, et al. v. KOKOSAI KISEN KABUSHIKI KAISHA. COMPANIA GENERALE DE TOBACOS DE FILIPINAS v. SAME. THE GLASGOW MARU.

Circuit Court of Appeals, Second Circuit.

March 6, 1939.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Robert E. Hill, and Barton P. Ferris, both of New York City, of counsel), for appellants.

Crawford & Sprague, of New York City (George C. Sprague, Roy W. Chamberlain, Nicholas J. Healy, III, all of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is the usual case for cargo damage: it concerns certain parcels of "centrifugal" sugar, shipped in bags in the Philippines, and delivered by the respondent's ship, "Glasgow Maru", at Philadelphia and Savannah in the month of May, 1934. The issues, as finally limited by the parties, are whether the sugar was shipped in good condition; and if so, whether it was properly ventilated — wind and sea permitting — during the voyage...

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