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TOYOMENKA, INC. v. MOUNT HOPE FINISHING COMPANY

No. 13889.

432 F.2d 722 (1970)

TOYOMENKA, INC. and Wilmington Shipping Company, Appellees, v. MOUNT HOPE FINISHING COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1970.

Attorney(s) appearing for the Case

George W. Miller, Jr., Durham, N. C. (Egbert L. Haywood, and Haywood, Denny & Miller, Durham, N. C., on brief), for appellant.

Ellis L. Aycock, Wilmington, N. C. (Stevens, Burgwin, McGhee & Ryals, Wilmington, N. C., on brief), for appellee Toyomenka, Inc.

Alan A. Marshall, Wilmington, N. C. and A. Dumay Gorham, Jr., Wrightsville Beach, N. C. (Marshall & Williams, Wilmington, N. C., on brief), for appellee Wilmington Shipping Co.

Before HAYNSWORTH, Chief Judge, and BUTZNER, Circuit Judge, and RUSSELL, District Judge.

DONALD RUSSELL, District Judge:

This action for conversion involves title to certain textile goods imported into this country for sale. The plaintiff Toyomenka, Inc.,1 the importer, claiming ownership, sought recovery for their value both from (1) the defendant Wilmington Shipping Company,2 which, acting as customs broker for Toyomenka in the receipt of such goods, had erroneously shipped the goods for finishing...

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