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THE McALLISTER NO. 12

No. 17456.

67 F.Supp. 222 (1946)

THE McALLISTER NO. 12. McALLISTER LIGHTERAGE LINE, Inc., v. PENNSYLVANIA R. CO. THE MARY E. MESECK.

District Court, E. D. New York.

June 24, 1946.

Attorney(s) appearing for the Case

Gerard M. McAllister, of New York City, for libellant.

Burlingham, Veeder, Clark & Hupper, of New York City (James J. Conran, of New York City, of counsel), for respondent.

Kirlin, Campbell, Hickox & Keating, of New York City (John F. Gerity, of New York City, of counsel), for the Mary E. Meseck.

GALSTON, District Judge.

On June 6, 1944, the scow McAllister No. 2 was chartered by the Pennsylvania Railroad Co., for an indefinite period, at an agreed per diem rate of charter hire. The scow was delivered to the respondent on that day. Seaworthiness of the scow as at that time was stipulated by all the parties.

The scow remained in the continuous and exclusive possession and control of the Pennsylvania Railroad Co. from June 2, 1944, to February 21, 1945...

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