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GUINAN v. BOSTON, CAPE COD & NEW YORK CANAL CO.

No. 325.

1 F.2d 239 (1924)

GUINAN et al. v. BOSTON, CAPE COD & NEW YORK CANAL CO. et al.

Circuit Court of Appeals, Second Circuit.

July 16, 1924.

Attorney(s) appearing for the Case

Glenn & Ganter, of New York City (Garrard Glenn and William B. Walsh, both of New York City, of counsel), for appellant Boston, Cape Cod & New York Canal Co.

Blodgett, Jones, Burnham & Bingham, of Boston, Mass., for appellant New England Fuel & Transportation Co.

Leo J. Curren, of New York City, for appellees Guinan and Garner.

Before ROGERS, HOUGH, and MAYER, Circuit Judges.

ROGERS, Circuit Judge.

The libelant Guinan is a citizen and resident of the state of New York, and he maintains an office in the borough of Manhattan in the city of New York. At the times hereinafter mentioned he was the owner of the barge Kathleen, which he used in his business of transporting merchandise by water, and which was without motive power of its own. It is alleged that prior to the damage hereinafter mentioned the barge was tight, staunch, and strong....

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