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HOLDEN v. S. S. KENDALL FISH

No. 24615.

395 F.2d 910 (1968)

A. L. HOLDEN et al., doing business under the name and style of R. L. Pritchard & Company, Appellants, v. S. S. KENDALL FISH, her engines, etc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 12, 1968.

Attorney(s) appearing for the Case

Henry J. Read, New Orleans, La., Hill, Rivkins, Warburton, McGowan & Carey, New York City, Montgomery, Barnett, Brown & Read, New Orleans, La., of counsel, for appellants.

Benjamin W. Yancey, New Orleans, La., Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., of counsel, for appellees.

Before COLEMAN and GOLDBERG, Circuit Judges, and HANNAY, District Judge.

GOLDBERG, Circuit Judge.

This is a case of statutory construction, specifically, the interrelation of Sections 1304(5) and 1305 of the Carriage of Goods by Sea Act of 1936 (COGSA).1

In 1952, the cargo ship SS Kendall Fish sailed from North Africa to New Orleans laden with bales of sisal which were being imported from British East Africa under the Strategic and Critical Stock Piling Act...

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