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NORTH AMERICAN SMELTING CO. v. MOLLER S. S. CO.

No. 10949.

204 F.2d 384 (1953)

NORTH AMERICAN SMELTING CO. v. MOLLER S. S. CO., Inc.

United States Court of Appeals Third Circuit.

Decided May 11, 1953.

Rehearing Denied May 29, 1953.

Attorney(s) appearing for the Case

Thomas E. Byrne, Jr., Philadelphia, Pa. (Krusen, Evans & Shaw, John B. Shaw, T. J. Mahoney, Jr., Philadelphia, Pa., on the brief), for appellant.

James S. Benn, Jr., Philadelphia, Pa. (Hill, Rivkins, Middleton, Louis and Warburton, Barton P. Ferris, New York City, on the brief), for appellee.

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action brought to recover for the loss of certain goods shipped from the Philippine Islands to Philadelphia. The goods were shipped on the "Johannes Maersk" and arrived in Philadelphia on Saturday, March 27, 1948. The shipment, which was consigned to the North American Smelting Company, libellant here, consisted of 187 pieces as follows:

58 full drums heavy yellow brass scrap 45 half drums...

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