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S. L. SHEPARD & CO. v. AGWILINES, INC.

No. 4893.

130 F.2d 67 (1942)

S. L. SHEPARD & CO. v. AGWILINES, Inc.

Circuit Court of Appeals, Fourth Circuit.

August 13, 1942.

Attorney(s) appearing for the Case

W. J. McLeod, Jr., and H. Wayne Unger, both of Walterboro, S. C., and Samuel L. Einhorn, of Philadelphia, Pa. (Jefferies, McLeod & Unger and R. M. Jefferies, all of Walterboro, S. C., on the brief), for appellant.

Augustine T. Smythe, of Charleston, S. C., for appellee.

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

SOPER, Circuit Judge:

S. L. Shepard and Company, a copartnership, sues in this case to recover damages for injury to a shipment of watermelons carried on July 8, 1939, from Charleston, South Carolina, to New York City by the S/S Cherokee of the Clyde-Mallory Lines owned and operated by the defendant, Agwilines, Inc. The bills of lading acknowledged the receipt of the shipment in apparent good order when delivered to the ship at Charleston. Evidence which was not seriously...

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