U.S. Court of Appeals for the Ninth Circuit, 1945

General Cocoa Co. v. United States

General Cocoa Co. v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided May 21, 1945 · Bone, Denman, Healy
149 F.2d 815; 1945 U.S. App. LEXIS 2687 (Federal Reporter, Second Series)

General Cocoa Co. v. United States

Opinion of the Court

PER CURIAM.

This case was heard below and the decree there entered upon the same evidence as in O. F. Nelson Co., Ltd., et al. v. United States of America, No. 10816, 9 Cir., 149 F.2d 692.

For the reasons stated in our opinion in No. 10816, the decree is reversed and an interlocutory decree ordered entered for the above named appellant, libelant below, awarding it damages for the loss of cargo, to be followed by a determination of the amount of its damages.

HEALY, Circuit Judge, dissents.

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