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ERIE R. CO. v. THE CORNELL NO. 2

72 F.Supp. 126 (1947)

ERIE R. CO. v. THE CORNELL NO. 2 et al. THE NO. 289. THE CORNELL NO. 20. THE ERIE NO. 258. THE FRANK COONEY.

District Court, S. D. New York.

Adhered to on Rehearing February 19, 1947.

Attorney(s) appearing for the Case

Hagen & Eidenbach, of New York City (Henry C. Eidenbach, of New York City, of counsel), for Erie R. Co.

Foley & Martin, of New York City (John R. Stewart and Christopher E. Heckman, both of New York City, of counsel), for petitioners.

Kirlin, Campbell, Hickox & Keating, of New York City (Robert S. Erskine, and John H. Hanrahan, both of New York City, of counsel), for Tug Cornell No. 20.

Macklin, Brown, Lenahan & Speer, of New York City (Richard S. Leahy and Leo F. Hanan, both of New York City, of counsel), for Central R. R. of New Jersey.

Davies, Auerbach, Cornell & Hardy, of New York City (George Biernesser, of New York City, of counsel), for New York Dock Co.

George A. Garvey, of New York City, for Jarka Corporation.

Burlingham, Veeder, Clark & Hupper, of New York City (Stanley R. Wright, of New York City, of counsel), for Pennsylvania R. Co.

HULBERT, District Judge.

The trial of these causes was commenced on the 3d day of December, 1946, and concluded on the 4th day of December, 1946, and oral argument was set for January 10, 1947, at the conclusion of which the court announced its decision from the bench and held the Tug Cornell No. 20 and The Cornell Steamboat Company, as claimant thereof, solely responsible, exonerated the deck scow Frank Cooney, and dismissed the libel as to it and all other claimants...

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