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TEXAS GULF SULPHUR CO. v. O'DONNELL

26 F.Supp. 70 (1938)

TEXAS GULF SULPHUR CO. v. O'DONNELL. THE ARTHUR R. FALLON.

District Court, S. D. New York.

November 28, 1938.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Thomas H. Middleton, of New York City, of counsel), for libellant.

Macklin, Brown, Lenahan & Speer, of New York City (L. F. Hanan, of New York City, of counsel), for respondent.

CLANCY, District Judge.

On March 6, 1937 the respondent's barge, Arthur R. Fallon, was chartered to Texas Gulf Sulphur Company. Prior to that time the barge had been carrying corn and wheat in the vicinity of New York apparently without damage to the cargoes. The libellant and respondent had dealt with each other for a number of years and O'Donnell knew the barge was to carry a sulphur cargo and that the charter was for an indefinite period of time. At all times during...

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