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SEAGRAVE TRANSP. CO. v. ESKAY COAL & FUEL CO.

Civ. A. No. 18583.

106 F.Supp. 687 (1952)

SEAGRAVE TRANSP. CO., Inc. v. ESKAY COAL & FUEL CO., Inc., et al. THE JAMES E. ELLIOTT. THE ALLEN N. TERBELL.

United States District Court E. D. New York.

March 10, 1952.

Attorney(s) appearing for the Case

Hagen, Senecal & Eidenbach, Henry C. Eidenbach, and Richard A. Hagen, all of New York City, for libelant.

Isidore Miller, New York City, for Eskay Coal & Fuel Co., Inc.

Macklin, Speer, Hanan & McKernan, G. J. McKernan, and J. C. Hart, all of New York City, for claimant, Etco Lighterage Corp.

Purrington & McConnell, James D. Brown, and Joseph V. Gallagher, all of New York City, for Lloyd Brasileiro.

Galli & Locker, E. J. Fanning, New York City, for Bush Terminal Co.

INCH, Chief Judge.

This is an action by Seagrave Transportation Co., Inc., as owner of the coalboat James E. Elliott, to recover for damages sustained by that vessel on October 11, 1946 while moored at the dock of the Eskay Coal & Fuel Co., Inc. (hereinafter called "Eskay"), at Pier 8, Bush Terminal, Brooklyn, New York.

The libel alleges delivery of the coalboat Elliott to respondent Eskay pursuant to an oral agreement whereby libelant was to supply a...

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