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SCARBURGH v. COMPANIA SUD-AMERICANA DE VAPORES

No. 214, Docket 21273.

174 F.2d 423 (1949)

SCARBURGH et al. v. COMPANIA SUD-AMERICANA DE VAPORES et al. THE ANDALIEN.

United States Court of Appeals Second Circuit.

May 3, 1949.

Attorney(s) appearing for the Case

Lawrence W. McKeown, of New York City (James J. Donovan, Jr., of New York City, on the brief), for appellants.

Renato C. Giallorenzi, of New York City (Reid, Cunningham & Freehill and James E. Freehill, all of New York City, on the brief for appellee Compania Sud-Americana De Vapores, and John F. X. McGohey, U. S. Atty., of New York City, on the brief for appellee United States of America [United States Maritime Commission]), for appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal by libelants from the dismissal, after trial, of a libel for cargo damage. Most of the facts were stipulated in advance so as to reduce the case to a single issue. The stipulation covered the shipment in question, consisting of 20,235 bags of Colombian coffee, from its delivery to the carrier on March 2, 1946, at Buenaventura, Colombia, to its arrival in New York, New York, on board...

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