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JAMES RICHARDSON & SONS v. CONNERS MARINE CO.

No. 239.

141 F.2d 226 (1944)

JAMES RICHARDSON & SONS, Limited, v. CONNERS MARINE CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 1, 1944.

Attorney(s) appearing for the Case

Frank C. Mason, of New York City (Mahar & Mason, of New York City, on the brief), for respondent-appellant.

George B. Warburton, of New York City (Hill, Rivkins & Middleton, of New York City, on the brief), for libellant-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is a libel to recover damages to a number of cargoes of grain. On May 8, 1941, the parties contracted for the transportation by respondent from Buffalo to New York City of about 110,000 bushels of libellant's wheat, constituting the capacity of one fleet of barges. The following week, on May 17, 1941, a second agreement was reached for additional carriage by three fleets of barges, each loading about 128,000 bushels. Both of these contracts...

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