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C. H. SPRAGUE & SON CO. v. HOWARD

Civil Action No. 6112.

68 F.Supp. 348 (1946)

C. H. SPRAGUE & SON CO. v. HOWARD.

District Court, D. New Jersey.

June 19, 1946.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City, for libellant.

Purdy & Lamb, of New York City, for respondent.

SMITH, District Judge.

This is a suit in admiralty in which there are joined two causes of action, the one arising out of an alleged breach of contract and the other arising out of an alleged tort. It appears upon the face of the libel that both causes of action rest upon the same facts. The suit is before the Court at this time on exceptions to the libel, the second and third of which follow:

Second. "That the libel is not sufficient in that it appears from...

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