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THE HENRY McNAMEE

No. 15842.

35 F.Supp. 936 (1940)

THE HENRY McNAMEE. THE GEORGE A. KEATING. HORAN v. GALLAGHER BROS. SAND & GRAVEL CORPORATION et al.

District Court, E. D. New York.

November 25, 1940.

Attorney(s) appearing for the Case

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for libellant.

John R. Stewart, of New York City, for Gallagher Bros. Sand & Gravel Corporation.

Bigham, Englar, Jones & Houston, of New York City (Richard F. Shaw, of New York City, of counsel), for Road Material Corporation and Vanbro Construction Corporation.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for tug George A. Keating.

GALSTON, District Judge.

The libel alleges that the Henry McNamee, under charter to the Gallagher Brothers Sand & Gravel Corporation, loaded with sand consigned to the Road Materials Corporation for delivery at Fresh Kills Creek, was caused to go aground at the dock of the consignee and damaged as a result of having been directed by those in authority at the plant of the consignee to an unsafe berth.

The scow Henry McNamee was under charter to Gallagher...

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