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EMPIRE-PARK SQ.LBR. CO. v. MANHATTAN LIGHTER. CORP.

No. 153, Docket 24615.

252 F.2d 165 (1958)

EMPIRE-PARK SQUARE LUMBER COMPANY, Libellant-Appellee, v. MANHATTAN LIGHTERAGE CORPORATION, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided February 13, 1958.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City (Stanley R. Wright, New York City, of counsel), for appellant Manhattan Lighterage Corp.

Bigham, Englar, Jones & Houston, New York City (Owen C. Torrey, Jr., New York City, of counsel), for appellee.

Before MEDINA and MOORE, Circuit Judges, and GALSTON, District Judge.

GALSTON, District Judge.

This is an appeal from an interlocutory decree dated February 28, 1957, determining that libellant recover from respondent for a partial loss of and damages to a cargo of lumber.

In March of 1954, Manhattan Lighterage Company contracted with appellee Empire-Park Square Lumber Company, to transport a quantity of Empire's lumber from Port Newark, New Jersey, to Empire's yard on Newtown Creek, Brooklyn, New York. On March 16, 1954, the...

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