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HERSHEY CHOCOLATE CORPORATION v. THE MARS

No. 207 of 1955.

172 F.Supp. 321 (1959)

HERSHEY CHOCOLATE CORPORATION and A. C. Israel Commodity Co., Inc. v. THE MARS, her engines, boilers, machinery, etc. and all persons having any interest therein, and Westfal-Larsen & Co. A/S and A/S J. Ludwig Mowinckels Rederi, trading as Southern Cross Line, her owners.

United States District Court E. D. Pennsylvania.

April 17, 1959.

Attorney(s) appearing for the Case

Springer H. Moore, Jr., Krusen, Evans & Shaw, Philadelphia, Pa., for libellants.

Harrison G. Kildare, Rawle & Henderson, Philadelphia, Pa., for respondents.

EGAN, District Judge.

Libellants were the respective consignees and owners of a cargo of cocoa beans shipped from Ilheos, Brazil, to Philadelphia, Pennsylvania, aboard the respondents' steamship Mars. The beans, packed in large burlap bags, were received and loaded in good condition. When they arrived in Philadelphia, there was a shortage in weight because some of the bags were torn in the process of unloading and there was a degeneration or spoilage of the contents...

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