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THE VELOX

36 F.Supp. 929 (1940)

THE VELOX. GREAT ATLANTIC & PACIFIC TEA CO. v. THE VELOX et al. THE KAREN THORDEN. CONTINENTAL INS. CO., Inc., et al. v. THE KAREN THORDEN et al.

District Court, S. D. New York.

December 3, 1940.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Barton P. Ferris, of New York City, of counsel), for libelants.

Haight, Griffin, Deming & Gardner, of New York City (J. Ward O'Neill, of New York City, of counsel), for respondents.

KNOX, District Judge.

The problem here is the scope and construction of Admiralty Rule 31, as amended by the Supreme Court of the United States, in effect September 1, 1939, 28 U.S.C.A. following section 723, when applied to cargo-damage cases.

The issues arise by exceptions taken by the libellants to certain of the interrogatories annexed to the answers of the respondents.

The libels allege delivery of the cargo in good condition, and discharge in...

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