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PETITION OF PENNSYLVANIA R. CO.

44 F.Supp. 617 (1942)

Petition of PENNSYLVANIA R. CO. Petitions of DENNEY et al. THE P. R. R. NO. 225. THE NO. 172. THE NO. 196.

District Court, S. D. New York.

February 19, 1942.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark, A. Howard Neely, and Frederic Conger, all of New York City, of Counsel), for petitioner Pennsylvania R. Co.

Hagen & Eidenbach, of New York City (Charles W. Hagen, Henry C. Eidenbach, and Nelson J. Johnson, all of New York City, of counsel), for petitioners C. E. Denney and John A. Hadden, trustees of property of Erie R. Co.

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney and James J. Donahue, both of New York City, of counsel), for claimant, Glenn L. Martin Co.

COXE, District Judge.

These proceedings grow out of the hurricane which swept over New York Harbor on the afternoon of September 21, 1938. At the height of the storm, two Erie Railroad lighters, Nos. 172 and 196, broke adrift in the slip between piers 2 and 3, Bush Docks, Brooklyn, and shortly thereafter collided with and pounded against the Pennsylvania Railroad lighter No. 225, which was at the time loaded with an airplane and airplane parts. As a result of the...

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