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RED STAR BARGE LINE v. LURIA BROS. & CO.

116 F.Supp. 656 (1953)

RED STAR BARGE LINE, Inc. v. LURIA BROS. & CO., Inc. et al. THE SEABOARD NO. 44.

United States District Court, S. D. New York.

November 12, 1953.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for libelant, Christopher E. Heckman and Warren Martin, New York City, of counsel.

Platow & Lyon, New York City, for respondent, Edward F. Platow, New York City, of counsel.

J. Edward Lumbard, U. S. Atty., New York City, for respondent-impleaded, Charles B. Kelly and Louis E. Greco, Attys., Department of Justice, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

On January 3, 1950 libelant through Hughes Brothers, Inc. chartered to the respondent Luria Bros. & Co., Inc., the scow Seaboard No. 44 for an indefinite period, at an agreed rate of charter hire per day. Thereupon the vessel was delivered to respondent and used by it in its business. On or about January 6, 1950, respondent returned the scow to libelant in what the parties agree was a damaged condition not due to ordinary wear...

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