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SIR R. ROPNER & CO. v. EMMONS COAL MINING CORPORATION

31 F.2d 948 (1927)

SIR R. ROPNER & CO., Limited, v. EMMONS COAL MINING CORPORATION et al.

District Court, E. D. Pennsylvania.

December 6, 1927.

Attorney(s) appearing for the Case

H. Alan Dawson and Biddle, Paul, Dawson & Yocum, all of Philadelphia, Pa., for plaintiff.

Acker, Manning & Brown, of Philadelphia, Pa., for defendants.

DICKINSON, District Judge.

This reargument was allowed because of what was thought to be a wrong view of the fact situation to the prejudice of the defendant. The real defense is based upon two propositions:

(1) The cesser clause relieves the shipper from liability.

(2) The bond was obtained from the shipper by a false fact statement.

The shipper reads the cesser clause as an exoneration of all liability. We read it as a relief from all which...

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