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PETITION OF RELIANCE MARINE TRANSP. & CONST. CORP.

Nos. 237-239, Dockets 22654-22656.

206 F.2d 240 (1953)

Petition of RELIANCE MARINE TRANSP. & CONST. CORP. THE M. J. WOODS.

United States Court of Appeals Second Circuit.

Decided August 7, 1953.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, Leo F. Hanan, New York City, of counsel, for appellee.

Mahar & Mason, New York City, Frank C. Mason, New York City, of counsel, for petitioner-libellant-appellant.

Hill, Rivkins & Middleton, New York City, Thomas H. Middleton, and John J. Killea, New York City, for libellant Olds & Whipple, Inc.

Before L. HAND, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

In January, 1948, Olds & Whipple, Inc., made an oral contract with James McWilliams Blue Line Inc., to be hereafter called the carrier, under which the latter agreed to transport by water carriage 900 tons of superphosphate from Carteret, N. J., to New Haven, Conn. The carriage was to be in accordance with the terms of the carrier's printed freight tariff effective November 27, 1946, with which both parties were familiar and which provided...

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