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QUAKER OATS COMPANY v. UNITED FRUIT COMPANY

No. 15660.

230 F.2d 676 (1956)

QUAKER OATS COMPANY, Appellant, v. UNITED FRUIT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 16, 1956.

Attorney(s) appearing for the Case

Malcolm W. Monroe, New Orleans, La., Deutch, Kerrigan & Stiles, René H. Himel, Jr., New Orleans, La., of counsel, for appellant.

John W. Sims, New Orleans, La., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel, for appellee.

Before BORAH, TUTTLE and JONES, Circuit Judges.

BORAH, Circuit Judge.

This is an appeal from a decree dismissing a libel in personam brought by appellant, the Quaker Oats Company, against United Fruit Company, a common carrier by water, to recover the sum of $3,000 for the alleged damage to 525 sacks of rolled oats while in the custody of the carrier awaiting shipment to Puerto Barrios, Guatemala.

The facts giving rise to the dispute are substantially these: On January 20, 1949, and according to customary...

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