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CARGO CARRIERS v. BROWN S. S. CO.

No. 2201.

95 F.Supp. 288 (1950)

CARGO CARRIERS, Inc., v. BROWN S. S. CO. et al. THE JAMES E. McALPINE.

United States District Court W. D. New York.

August 9, 1950.

Attorney(s) appearing for the Case

Sanders, Hamiton, Dobmeier & Connelly, of Buffalo, N. Y., and Atkins & Weymar, of New York City (William M. Connelly, of Buffalo, N. Y., and Horace T. Atkins, of New York City, of counsel), for libellant.

Richards & Coffey, of Buffalo, N. Y. (Lawrence E. Coffey and James P. Heffernan, of Buffalo, N. Y., of counsel), for respondents.

KNIGHT, Chief Judge.

Libellant alleges it is a Delaware Corporation and that the respondent is a corporation and a common carrier of merchandise by water between ports of Duluth/Superior and Buffalo and controlled the steamship James E. McAlpine; that on June 14, 1948, it delivered to and respondent received in good condition 277,000 bushels of No. 3 yellow corn; that respondent loaded same on said steamship and undertook to transport it to port of Buffalo, N. Y....

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