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AMERICAN MAIL LINE, LTD. v. TOKYO MARINE & FIRE INS. CO.

No. 16186.

270 F.2d 499 (1959)

AMERICAN MAIL LINE, LTD., a Corporation, Appellant, v. TOKYO MARINE & FIRE INSURANCE CO., LTD., a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 22, 1959.

Attorney(s) appearing for the Case

Bogle, Bogle & Gates, M. Bayard Crutcher, Donald McMullen, Seattle, Wash., for appellant.

Evans, McLaren, Lane, Powell & Beeks, Martin P. Detels, Jr., W. T. Beeks, Seattle, Wash., Bigham, Englar, Jones & Houston, New York City, for appellee.

Before HEALY, ORR and FEE, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

This litigation resulted from a fire in the cargo carried by the S. S. Oregon Mail in August, 1955. Tokyo Marine & Fire Insurance Co., Ltd., sued American Mail Line, Ltd., for the value of the nondelivered cargo which consisted of a quantity of barley in bulk. Mail Line answered and set up a statutory exemption from liability for fire as well as a consensual clearance. A cross-libel was also filed for the share of Mail Line of the...

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