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L. R. CONNETT & CO. v. THE REPUBLIC NO. 5

43 F.Supp. 245 (1941)

L. R. CONNETT & CO., Inc., v. THE REPUBLIC NO. 5 et al. THE NO. 29. THE REPUBLIC NO. 5. THE GLORIA O.

District Court, S. D. New York.

November 29, 1941.

Attorney(s) appearing for the Case

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

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

CLANCY, District Judge.

On September 21, 1938 and at about 3:30 A. M., the scow "No. 29", bound for Arverne, and the scow "Jim" were taken in tow, tandem fashion, at the Gallagher Bros. Sand & Gravel Co. stakeboat No. 1 in upper New York Bay, near the Statue of Liberty by the tug "Republic No. 5". The "No. 29" bore about 900 tons of sand, so that its freeboard was 2 feet 4 inches at the bow, 7 inches midships, 12 inches aft and its draft was 9 feet. Its rail was...

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