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PARK S. S. CO. v. CITIES SERVICE OIL CO.

No. 174, Docket 21902.

188 F.2d 804 (1951)

PARK S. S. CO., Limited, v. CITIES SERVICE OIL CO.

United States Court of Appeals Second Circuit.

Decided April 11, 1951.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, New York City (Eugene Underwood, New York City, and Richard W. Palmer, New York City, of counsel), for appellant.

Nash, Ten Eyck, Maximov & Freehill, New York City (Barent Ten Eyck, New York City, and Robert S. Blanc, Jr., New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The question presented by this appeal is the proper construction of a safe berth clause contained in the charter party under which the owner of the tanker Clearwater Park chartered her to Cities Service Oil Company for two consecutive voyages with cargoes of crude oil from a safe port in Venezuela to a safe port in the United States, north of Hatteras, Norfolk/Portland range, "at charterer's option as...

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