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THE SOPHOCLES

51 F.Supp. 953 (1943)

THE SOPHOCLES.

District Court, S. D. New York.

August 2, 1943.

Attorney(s) appearing for the Case

Maclay, Lyeth & Williams, of New York City (J. M. Richardson Lyeth and Robert L. Fay, both of New York City, of counsel), for libellants.

Haight, Griffin, Deming & Gardner, of New York City (John W. Griffin, Wharton Poor, and John C. Moore, all of New York City, of counsel), for the Sophocles.

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for John N. Matthews.

Carpenter & Stevenson, of New York City (J. Roland Stevenson, of New York City, of counsel), for Pioneer Terminal Corporation.

COXE, District Judge.

This is an action for alleged damage to a shipment of 34,290 bags of crude talc powder shipped on the M/V "Sophocles" at Bombay, India, in June, 1941, to be delivered in New York. The vessel arrived at New York in August, 1941, and it was found on discharge that the talc in 17,410 of the bags was damaged due to the presence of excessive moisture and the rotting of the bags.

The libelants are the holders in due course for value of the...

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