DENMAN, Circuit Judge.
Pope & Talbot, Inc. appeal from a decree in admiralty awarding appellee damages in the amount of freight withheld by appellant upon an agreed sale of appellee's lumber at the port of Los Angeles, California, where appellant's steamer Absaroka, carrying the lumber, took refuge after being torpedoed by a Japanese submarine.
Appellant was carrying the lumber on a bill of lading having a freight earned
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