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SMITH v. THE FERNCLIFF

No. 548.

306 U.S. 444 (1939)

59 S.Ct. 615

83 L.Ed. 862

SMITH ET AL., CO-PARTNERS, TRADING AS H.J. BAKER & BRO. v. THE FERNCLIFF ET AL.

Supreme Court of United States.

Decided March 27, 1939.

Attorney(s) appearing for the Case

Mr. Charles R. Hickox, with whom Mr. George W. Whip was on the brief, for Smith et al.

Messrs. George Whitefield Betts, Jr. and George Forbes, with whom Mr. Henry L. Wortche was on the brief, for The Ferncliff et al.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

The Circuit Court of Appeals, Fourth Circuit, has certified to us the following Statement of Facts and Questions (U.S.C. Title 28, § 346) —

"STATEMENT OF FACTS.

"This was a suit in admiralty to recover damages to shipments of fish meal made in March 1936 [on Motorship Ferncliff] from points in Japan to consignees in Norfolk, Va. and Baltimore, Md. under bills of lading containing...

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