General Cocoa Co. v. United States

U.S. Court of Appeals for the Ninth Circuit May 21, 1945

General Cocoa Co. v. United States, 149 F.2d 816 (9th Cir. 1945)

1945 U.S. App. LEXIS 2688

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 appellants, libelants below, awarding them damages for the loss of cargo, to be followed by a determination of the amount of their damages.

HEALY, Circuit Judge, dissents.

Reference

Full Case Name: GENERAL COCOA CO., Inc., a Corporation, and Henry W. Peabody & Co., a Co-partnership and Dexter H. Chamberlain, Kenneth S. Magoon, John A. Magoon and G. A. Gumbrecht, as Individuals and Doing Business under the Firm Name and Style of Henry W. Peabody & Co., a Co-partnership v. United States
Cited By: 1 case
Status: Published