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MERKLEN v. JOHNSON & HIGGINS

3 F.Supp. 897 (1933)

MERKLEN v. JOHNSON & HIGGINS et al.

District Court, S. D. New York.

June 22, 1933.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Martin Detels, of New York City, of counsel), for plaintiff.

George Z. Medalie, U. S. Atty., of New York City (Charles E. Wythe, of New York City, of counsel), for defendants.

PATTERSON, District Judge.

This is a suit by the assignee of owners of cargo on the steamship Panola to recover from Johnson & Higgins moneys deposited by the cargo owners as security for general average contributions. The merits of the plaintiff's case turn solely on whether the cargo owners are liable to contribution in general average. If they are liable, the suit must be dismissed; if they are not liable, the plaintiff should prevail.

The facts are...

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