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MANHATTAN FRUIT EXP. CORP. v. ROYAL NETHERLAND S.S. CO.

No. 13, Docket 25503.

271 F.2d 607 (1959)

MANHATTAN FRUIT EXPORT CORPORATION, Appellee, v. ROYAL NETHERLANDS STEAMSHIP COMPANY, Appellant.

United States Court of Appeals Second Circuit.

Decided November 9, 1959.

Attorney(s) appearing for the Case

Herbert M. Lord, New York City, Burlingham, Hupper & Kennedy, New York City, Charles L. Trowbridge, New York City, of counsel, for appellant.

Edward R. Loomie, New York City, for appellee.

Before HAND, WATERMAN and FRIENDLY, Circuit Judges.

HAND, Circuit Judge.

The defendant appeals from a judgment for damages to 1000 cases of plums delivered to the defendant's motorship, "Helena," at Brooklyn on September 30, 1953, and discharged at La Guaira, Venezuela, on October 13th. The complaint alleged that while in the defendant's custody it failed "to exercise due diligence to make the holds, refrigerating and cooling chambers and all other parts of the ship * * *...

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