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LINEA SUD-AMERICANA v. 7,295.40 TONS OF LINSEED

No. 162.

108 F.2d 755 (1940)

LINEA SUD-AMERICANA, Inc., v. 7,295.40 TONS OF LINSEED.

Circuit Court of Appeals, Second Circuit.

January 8, 1940.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Roscoe H. Hupper, F. Herbert Prem, and J. Franklin Fort, all of New York City, of counsel), for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Ira Campbell, Clement C. Rinehart, and William P. Lage, all of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.

L. HAND, Circuit Judge.

This is a suit for freight earned by a ship; it is based upon the performance of the contract of carriage, and the defense is that the carrier did not perform. The facts are as follows. The Compania Española de Navegacion Maritima, S. A., was a Spanish corporation, the owner of the ship, "Motomar," which it had chartered to the libellant, an American corporation. The libellant had engaged by bill of lading, "freight payable at destination...

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