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THE MONTEZUMA III

No. 17260.

66 F.Supp. 562 (1946)

THE MONTEZUMA III. McALLISTER LIGHTERAGE LINE, INC., v. PENNSYLVANIA R. R. CO. et al.

District Court, E. D. New York.

March 25, 1946.

Attorney(s) appearing for the Case

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

Burlingham, Veeder, Clark & Hupper, of New York City (William S. Stuhr, Jr., of New York City, of counsel), for respondent.

Gerald E. Dwyer, of New York City (William R. Stevens and James L. More, both of New York City, of counsel), for respondent-impleaded.

INCH, District Judge.

This is a suit by libellant, McAllister Lighterage Line, Inc., which orally, on August 5, 1943, sub-chartered the barge Montezuma III to the Pennsylvania Railroad Company for an indefinite period at an agreed per diem rate.

At the time of the delivery of said barge to the Pennsylvania Railroad Company she was in good condition, in every respect seaworthy. Libellant's bargee went with the barge. On March 2, 1944, the barge was returned...

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