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DIOMEDE v. LOWE

No. 138.

87 F.2d 296 (1937)

DIOMEDE et al. v. LOWE, Deputy Com'r, et al.

Circuit Court of Appeals, Second Circuit.

January 4, 1937.

Attorney(s) appearing for the Case

E. C. Sherwood, of New York City (William B. Davis, of New York City, of counsel), for appellants Moran Bros. Contracting Co., Inc., and Travelers Insurance Co.

S. Joseph Corrao, of Brooklyn, N. Y., (John F. O'Neil, of New York City, of counsel), for appellees.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Nicholas Diomede, employed by the appellant Moran Bros. Contracting Company, Inc., for fifteen years, was in charge of a dump scow known as the Moran No. 18. This scow was used to transport ashes, mud, and refuse from piers within the harbor of New York to the dumping grounds beyond the harbor limits, and, being without means of self-propulsion, was towed by tugs of the Moran Company. The scow was equipped with a cabin used by the decedent,...

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