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EMPRESA CENTRAL MER. DE R. v. REPUBLIC OF U.S. OF BRAZIL

No. 354, Docket 24946.

257 F.2d 747 (1958)

EMPRESA CENTRAL MERCANTIL DE REPRESENTACOES, LTDA., Libellant-Appellee, v. REPUBLIC OF THE UNITED STATES OF BRAZIL, doing business under the name and style of Lloyd Brasileiro, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided July 17, 1958.

Attorney(s) appearing for the Case

Purrington & McConnell, New York City (Frank J. McConnell, James D. Brown, New York City, of counsel), for appellant.

Bigham, Englar, Jones & Houston, New York City (F. Herbert Prem, New York City, of counsel), for appellee.

Before WATERMAN and MOORE, Circuit Judges, and GALSTON, District Judge.

WATERMAN, Circuit Judge.

On October 8, 1951 the Lloyd Brasileiro, an ocean carrier owned by the Republic of Brazil, received at its dock in New York twenty-two skids of silicon steel sheets for shipment to the consignee, Empresa Central Mercantil de Representacoes, Ltda., a Brazilian corporation, in Rio de Janeiro. Lloyd acknowledged receipt of these skids by issuing two dock receipts stating "Wrappers torn sheets badly rusted" and "Outside containers badly rusted...

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