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  5. 77 F.Supp. 840 (1948)
 

ROAH HOOK BRICK CO. v. ERIE R. CO.

Nos. 16958, 17865, 18112.

77 F.Supp. 840 (1948)

ROAH HOOK BRICK CO. v. ERIE R. CO. et al. UNITED STATES v. THE ROAH HOOK et al. Petition of ROAH HOOK BRICK CO. THE ROAH HOOK.

District Court, E. D. New York.

January 29, 1948.

Attorney(s) appearing for the Case

Mahar & Mason, of New York City (Frank Mason and Walter Lawlor, both of New York City, of counsel), for libellant Roah Hook.

Hagen & Eidenbach, of New York City (Charles Hagen and Nelson Johnson, both of New York City, of counsel), for Erie R. Co.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Charles E. Wythe, both of New York City, of counsel), for Agwilines.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (William Postner, of New York City, of counsel), for the United States.

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

Foley & Martin, of New York City (Christopher Heckman, of New York City, and Edward J. Ryan, of Rochester, N. Y., of counsel), for Carroll Towing Co.

James N. Senecal, of New York City, for Lee & Simmons.

INCH, District Judge.

These are two suits and a proceeding, duly consolidated, for the purpose of the trial. The evidence presents no difficulty so far as a consolidation for trial is concerned, but some confusion and multiplicity of defense is presented which, in turn, appears in the various main and reply briefs. This has caused caution on the part of the court, in order to fairly consider these different arguments and arrive, on the facts, at what it thinks is...

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