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DWYER LIGHTERAGE v. CHRISTIE SCOW CORP.

No. A-18209.

96 F.Supp. 900 (1951)

DWYER LIGHTERAGE, Inc. v. CHRISTIE SCOW CORP. et al. THE WILLIAM J. RYAN.

United States District Court E. D. New York.

April 19, 1951.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City (Leo F. Hanan, New York City, of counsel), proctors for libellant.

Reginald V. Spell, New York City (John P. Carson, New York City, of counsel), proctor for respondent.

Pyne, Lynch & Smith, New York City (Anthony V. Lynch, Jr., New York City, of counsel), proctors for respondent-impleaded.

BYERS, District Judge.

The libellant's barge William J. Ryan, being in good and seaworthy condition, was under the usual harbor charter to Christie on December 21, 1945, and was returned three days later in damaged condition not due to ordinary wear, etc., and the libellant's ensuing prima facie cause is not disputed.

It sufficiently appears that on the 22nd Christie engaged the impleaded respondent, Dauntless Towing Line, Inc., to tow this and another scow...

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