THE CHESTER VALLEY

No. 9335.

110 F.2d 592 (1940)

THE CHESTER VALLEY. TEXAS STAR FLOUR MILLS v. LYKES BROS.-RIPLEY S. S. CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

March 21, 1940.


Attorney(s) appearing for the Case

David Gertler and Eberhard P. Deutsch, both of New Orleans, La., for appellant.

Geo. H. Terriberry, Jos. M. Rault, and Benjamin W. Yancey, all of New Orleans, La., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The libel was for damage to a cargo of flour shipped from Galveston to Rotterdam. The claim was that, delivered in good order and condition, the shipment when received at destination, "was, through the fault of respondents, seriously damaged and impaired in value by `taint' and other foreign substances."

The defense was a denial that the flour was in good order and condition when delivered for shipment, a denial of any fault, and...

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