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C. F. HARMS CO. v. ERIE R. CO.

No. 17411.

71 F.Supp. 934 (1947)

C. F. HARMS CO. v. ERIE R. CO. et al. THE MARS.

District Court, E. D. New York.

January 15, 1947.

Attorney(s) appearing for the Case

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

Hagen & Eidenbach, of New York City (Charles W. Hagen and Nelson J. Johnson, both of New York City, of counsel), for respondent.

J. Vincent Keogh, U. S. Atty., of New York City (Vincent A. Catoggio, Sp. Asst. U. S. Atty., and Gilbert S. Fleischer, both of New York City, of counsel), for respondent-impleaded.

INCH, District Judge.

Libellant, C. F. Harms Company, owned the scow Mars and chartered it, under the usual harbor charter, to the respondent, Erie Railroad Company. While under this charter the scow was damaged. Thereupon, libellant sued respondent and the latter impleaded the United States of America.

Libellant is entitled to a decree. The issue is whether such decree should be entered against respondent and the impleaded respondent or either of them.

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