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DIETHELM & CO. v. S.S. THE FLYING TRADER

141 F.Supp. 271 (1956)

DIETHELM & CO., Ltd., Libelant, v. S.S. THE FLYING TRADER, her engines, boilers, etc., and Isbrandtsen Company, Inc., Respondent.

United States District Court S. D. New York.

May 23, 1956.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, proctors for libelant (J. Edwin Carey, Melvin J. Tublin, New York City, of counsel).

Kirlin, Campbell & Keating, New York City, proctors for respondent (Edward J. Heine, Jr., L. DeGrove Potter, New York City, of counsel).

THOMAS F. MURPHY, District Judge.

This action having been heard by the court without a jury, the following are made

Findings of Fact

1. On January 12, 1949, libelant delivered and respondent, a common carrier, received 988 wooden barrels of 99% glacial acetic acid for shipment to Saïgon on deck aboard the S. S. Flying Trader.

2. Respondent examined the barrels presented to it and rejected...

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