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FORT GARY FLOUR MILLS COMPANY v. THE BELGIUM MARU

63 F.Supp. 892 (1935)

FORT GARY FLOUR MILLS COMPANY, Limited, Libellant, v. THE Steamship BELGIUM MARU, Her Engines, etc., Kokusai Kisen Kabushiki Kaisha (Kokusal Steamship Co., Ltd.), and Pennsylvania Railroad Company, Respondents.

District Court, S. D. New York.

March 7, 1935.

Attorney(s) appearing for the Case

Hatch & Wolfe, of New York City (Rolf T. Michelsen, of New York City, of counsel), for libellant.

Crawford & Sprague, of New York City, for respondent Kokusai Kisen Kabushiki Kaisha.

Platt & Walker, of New York City (Dennis P. Donovan, of New York City, of counsel), for respondent Pennsylvania R. Co.

HULBERT, District Judge.

The exceptive allegations will be held proper to effectively dispose of the issues raised. I have given careful thought to the opinion of Foster, C. J., in The Scantic, 5 Cir., 40 F.2d 39, 1930 A.M.C. 899, but the reasoning in California-Atlantic Steamship Co. v. Central Door & Lumber Co., 9 Cir., 206 F. 5, and Judge Inch in El Oriente, D. C., 5 F.2d 251, is more persuasive...

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