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BALFOUR, GUTHRIE & CO. v. AMERICAN-WEST AFRICAN LINE

Nos. 298, 299.

136 F.2d 320 (1943)

BALFOUR, GUTHRIE & CO., Limited, et al. v. AMERICAN-WEST AFRICAN LINE, Inc. AMERICAN-WEST AFRICAN LINE, Inc., v. BALFOUR, GUTHRIE & CO., Limited, et al.

Circuit Court of Appeals, Second Circuit.

August 2, 1943.

Attorney(s) appearing for the Case

Martin Detels, of New York City (Bigham, Englar, Jones & Houston, Ezra G. Benedict Fox, and Daniel A. Sullivan, all of New York City, on the brief), for appellants.

Geo. Whitefield Betts, Jr., of New York City (Hunt, Hill & Betts and Helen F. Tuohy, all of New York City, on the brief), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

On a voyage from West Africa to New York in January, 1940, a hull plate of the steamship "Zarembo" cracked during heavy seas, sea water entered her No. 1 hold, and her cargo of cocoa beans was damaged. The cargo owners, Balfour, Guthrie & Co., Ltd., and Commonwealth African, Ltd., appeal from adverse judgments in a libel in rem for cargo damage and loss and in a cross-libel against themselves by the shipowner, American-West African Line,...

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