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AMERICAN SUGAR REFINING CO. v. THE ANACONDA

No. 10671.

138 F.2d 765 (1943)

AMERICAN SUGAR REFINING CO. v. THE ANACONDA et al.

Circuit Court of Appeals, Fifth Circuit.

November 9, 1943.

Attorney(s) appearing for the Case

Henry N. Longley, of New York City, for appellant.

Cody Fowler, of Miami, Fla., for appellees.

Before HUTCHESON and HOLMES, Circuit Judges, and RUSSELL, District Judge.

HUTCHESON, Circuit Judge.

Appellant filed its libel in rem against the barge "Anaconda" and in personam against Smith-Rowland Company, Inc., its owner. In due course the barge was seized under process in rem and as Smith-Rowland Company's property under foreign attachment in the suit in personam. Appellee Smith-Rowland Company, Inc. appeared specially and excepted to the jurisdiction of the court on the grounds: that the contract of charter-party on which the libel...

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