TAN HI v. UNITED STATES

No. 24662.

94 F.Supp. 432 (1950)

TAN HI et al. v. UNITED STATES.

United States District Court N. D. California, S. D.

November 29, 1950.


Attorney(s) appearing for the Case

Lyman Henry, Kent A. Sawyer and Hall, Henry & Oliver, all of San Francisco, Cal., for libelants.

Frank J. Hennessy, U. S. Atty., Keith R. Ferguson, Sp. Asst. to Atty. Gen., and C. Elmer Collett, Asst. U. S. Atty., all of San Francisco, Cal., John T. Casey, Attorney Department of Justice, Washington, D. C., of counsel, for respondent United States of America.


GOODMAN, District Judge.

The ultimate question presented by this libel for cargo loss is whether a carrier's delivery of cargo into the custody of customs authorities as required by the law of a foreign port of destination constitutes the "proper delivery" required of the carrier by the Harter Act, 27 Stat. 445, 46 U.S.C.A. §§ 190-196.

The cause was submitted to the Court upon stipulated facts. They are substantially as follows: Early in 1946, libelants...

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