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COMPANIA DE NAV. TRANS. v. GEORGIA HARDWOOD LUM. CO.

No. 10796.

141 F.2d 652 (1944)

COMPANIA DE NAVEGACION TRANSMAR, S. A., v. GEORGIA HARDWOOD LUMBER CO. THE KOTOR.

Circuit Court of Appeals, Fifth Circuit.

April 5, 1944.

Attorney(s) appearing for the Case

Wilbur E. Dow, Jr., of New York City, and Joseph B. Cumming, of Augusta, Ga., for appellant.

John Tilney Carpenter, of New York City, and James M. Hull and J. J. Willingham, both of Augusta, Ga., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit by libel in personam was for $9,304 freight money on pine timbers weighing 531,656 pounds or 265.82 tons, at $35 per ton, from Jacksonville, Florida, to Alexandria, Egypt. The claim was that libellant and respondent had agreed that libellant should carry "750,000 board feet of pine timbers, not exceeding four pounds per board foot, at $70.00 per 1000 feet", or $35 per short ton; that instead of 4 pounds, the timbers libellant had...

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