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F. JACOBUS TRANSP. CO. v. GALLAGHER BROS. SAND & G. CORP.

161 F.Supp. 507 (1958)

F. JACOBUS TRANSPORTATION COMPANY, Inc., as charterer in possession of THE Scow DOROTHY CREAN, Libellant, v. GALLAGHER BROTHERS SAND & GRAVEL CORPORATION, Respondent.

United States District Court S. D. New York.

March 26, 1958.

Attorney(s) appearing for the Case

Mahar & Mason, New York City, for libelant. Frank C. Mason, James J. Mason, New York City, of counsel.

Foley & Martin, New York City, for respondent, Edward J. Ryan, New York City, of counsel.

HERLANDS, District Judge.

The questions before the Court are presented by exceptions filed to the second and third affirmative defenses contained in the respondent's second amended answer. For the reasons expressed in this opinion, the exception to the second defense is overruled, and the exception to the third defense is sustained.

I.

This is a libel for damage to the scow Dorothy Crean. The libel alleges that, on or about November 15, 1955, the...

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