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THE F. Y. ROBERTSON

No. A-13680.

7 F.Supp. 38 (1934)

THE F. Y. ROBERTSON. THE HARVEY WARD. SMITH, MURPHY CO., Inc., v. DWYER.

District Court, E. D. New York.

March 3, 1934.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for libelant.

Otto & Easterday, of New York City (Henry E. Otto and Frank H. Gerrodette, both of New York City, of counsel), for respondent.

MOSCOWITZ, District Judge.

Exceptions have been filed to respondent's answer.

This action was instituted against respondent, James F. Dwyer, to recover for damage to a cargo of grain which was being transported from Buffalo to New York in the barge Harvey Ward in tow of the tug F. Y. Robertson. The libel was instituted, not only in personam against James F. Dwyer on the ground that he had made the contract of carriage with the libelant, but also against the...

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