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COMPANIA PANEMENA MARITIMA v. J. E. HURLEY LBR. CO.

Docket 24587.

244 F.2d 286 (1957)

COMPANIA PANEMENA MARITIMA SAN GERASSIMO, S.A., as owners or chartered owners of the STEAMSHIP UNION MARINER under voyage charter of August 23, 1955, Appellant, v. J. E. HURLEY LUMBER COMPANY, as voyage charterers of Steamship Union Mariner, Appellee.

United States Court of Appeals Second Circuit.

Decided April 30, 1957.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City (John G. Poles and Yorkston W. Grist, New York City, of counsel), for appellant.

Burlingham, Hupper & Kennedy, New York City (Herbert M. Lord, New York City, of counsel), for appellee.

Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and LEIBELL, District Judge.

LEIBELL, District Judge.

On August 23, 1955, the J. E. Hurley Lumber Company entered into a voyage charter contract with Compania Panemena Maritima San Gerassimo, S.A., pursuant to which the S.S. "Union Mariner" was assigned to carry lumber from Coos Bay, Oregon, to Botwood, Newfoundland. The cargo was to be "about 2,500,000 board feet of lumber." The Union Mariner failed to lift the full 2,500,000 board feet and it is claimed...

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