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  5. 26 F.Supp. 323 (1939)
 

THE FRANCIS KILLIAN, JR.

No. 15038.

26 F.Supp. 323 (1939)

THE FRANCIS KILLIAN, JR. THE CHIPPEWA. KILLIAN v. W. E. HEDGER TRANSP. CORPORATION.

District Court, E. D. New York.

February 10, 1939.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan and Charles F. Welch, both of New York City, of counsel), for libelant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for claimant.

BYERS, District Judge.

The libelant's barge "Francis Killian, Jr.", sustained damage while in tow, west-bound, to the claimant's tug "Chippewa", on June 11, 1936, at or near lock 6 in the New York State Barge Canal.

That the tug caused the damage is not in dispute. Whether she should be held liable depends upon the contract between the claimant, which was operating the tug, and the libelant.

The latter had sought an engagement of his vessel at the...

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