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CROWLEY v. S. S. ARCADIA

No. 62-1620-JWC.

244 F.Supp. 597 (1964)

James P. CROWLEY et al., Libelants, v. S.S. ARCADIA et al., Respondents.

United States District Court S. D. California, Central Division.

November 16, 1964.

Attorney(s) appearing for the Case

Newell & Chester, Los Angeles, and Louis R. Eglash, Beverly Hills, Cal., for libelants.

Graham, James & Rolph, Long Beach, Cal., for respondents.

CURTIS, District Judge.

This is an action for breach of contract consisting of an undertaking on the part of respondent Peninsular and Oriental Steam Navigation Co. to carry the libelants as first class passengers upon the SS ARCADIA. It appears from the evidence that the respondent overbooked passage on the SS ARCADIA and it was because of this fact that it was unable to fulfill its undertaking in this respect. The overbooking, though intentional, was a customary...

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