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L. N. JACKSON & CO. v. ROYAL NORWEGIAN GOVERNMENT

No. 30, Docket 21391.

177 F.2d 694 (1949)

L. N. JACKSON & CO., Inc. v. ROYAL NORWEGIAN GOVERNMENT.

United States Court of Appeals Second Circuit.

Decided November 10, 1949.

Attorney(s) appearing for the Case

Wharton Poor, of New York City (Haight, Deming, Gardner, Poor & Havens and James McKown, Jr., all of New York City, on the brief), for defendant-appellant.

Copal Mintz, of New York City, for plaintiff-appellee.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an action for breach of a contract for the carriage of goods by sea, entered into on November 7, 1941. Federal jurisdiction rests upon the diverse citizenship of the parties. The defense for the conceded failure to transport the goods was based upon a contrary direction of the United States Maritime Commission. A further defense, added by permission of the court after the parties were at issue...

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