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THE FRED SMARTLEY, JR.

No. 4553.

108 F.2d 603 (1940)

THE FRED SMARTLEY, JR. S. C. LOVELAND CO., Inc., et al. v. PENNSYLVANIA SUGAR CO.

Circuit Court of Appeals, Fourth Circuit.

January 8, 1940.

Attorney(s) appearing for the Case

James J. Lenihan, of Washington, D. C. (Forrest E. Single, of New York City, and Lester S. Parsons, of Norfolk, Va., on the brief), for appellants.

T. Catesby Jones, of New York City (Leonard J. Matteson, Richard F. Shaw, and Bigham, Englar, Jones & Houston, all of New York City, and Vandeventer & Black, of Norfolk, Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and COLEMAN, District Judge.

PARKER, Circuit Judge.

This is an appeal from a decree dismissing a petition for limitation of liability. The appellant is the owner of the barge Fred Smartley, Jr., upon which a cargo of sugar was shipped by the Pennsylvania Sugar Company in November 1935. The cargo was damaged as a result of the unseaworthiness of the barge, and this court affirmed a decree of the District Court awarding damages to the shipper on the ground that the barge was unseaworthy at the...

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