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FAGUNDES SUCENA & CIA v. MISSISSIPPI SHIPPING CO.

No. 1426.

108 F.Supp. 918 (1952)

FAGUNDES SUCENA & CIA v. MISSISSIPPI SHIPPING CO., Inc.

United States District Court E. D. Louisiana, New Orleans Division.

December 23, 1952.

Attorney(s) appearing for the Case

Deutsch Kerrigan & Stiles, Robert E. Leake, Jr. and Francis Emmett, New Orleans, for libelant.

Terriberry, Young, Rault & Carroll and Benjamin W. Yancey, New Orleans, for respondent.

WRIGHT, District Judge.

Libelant seeks redress for damage by salt water to wheat flour carried as cargo by respondent. The damage is admitted and the defense is laid under Section 4(2) (a) of the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1304(2) (a) on the theory that the damage was caused by an "Act, neglect, or default of * * * the servants of the carrier in the navigation or in the management of the ship". The issues of fact and law having come on to be...

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