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WESSELS v. THE ASTURIAS

No. 182.

126 F.2d 999 (1942)

WESSELS et al. v. THE ASTURIAS et al.

Circuit Court of Appeals, Second Circuit.

March 14, 1942.

Attorney(s) appearing for the Case

Haight, Griffin, Deming & Gardner, of New York City (Herbert M. Statt and David L. Corbin, both of New York City, of counsel), for claimant-appellant.

Bigham, Englar, Jones & Houston, of New York City (Ezra G. Benedict Fox, of New York City, of counsel), for libellants-appellees.

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

FRANK, Circuit Judge.

This is an appeal from a decree in favor of libellants for damage to 1,171 bags of cocoa beans shipped on board the Norwegian steamship Asturias from Ilheos and Bahia, Brazil, to New York. These bags were part of a shipment of 18,000 bags consigned to libellants, which, in turn, constituted about half of the vessel's total cargo of 36,500 bags. The bags were admittedly received by the ship in apparent...

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