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PACIFIC FREIGHTERS CO. v. ST. PAUL FIRE & M. INS. CO.

No. 9244.

109 F.2d 310 (1940)

PACIFIC FREIGHTERS CO. v. ST. PAUL FIRE & MARINE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

January 31, 1940.

Attorney(s) appearing for the Case

Felix T. Smith and Francis R. Kirkham, both of San Francisco, Cal. (Pillsbury, Madison & Sutro, of San Francisco, Cal., of counsel), for appellant.

Irving H. Frank, Nathan H. Frank, and Irving H. Frank, all of San Francisco, Cal., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

HANEY, Circuit Judge.

Appellee, who was liable in general average for the amount due, if any, from the underdeck cargo on board the schooner "Rosamond", brought suit against appellant, who was the owner of the schooner, to recover an amount allegedly due in general average, and obtained the decree from which this appeal was taken.

Appellant was the owner of the schooner "Rosamond" and chartered her to Comyn, Mackall & Co., the charter providing for the...

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