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LOW TRANSP. CO. v. DAVIS

No. 33.

9 F.2d 392 (1925)

LOW TRANSP. CO. v. DAVIS, Director General of Railroads.

Circuit Court of Appeals, Second Circuit.

October 23, 1925.

Attorney(s) appearing for the Case

Macklin, Brown & Van Wyck, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant.

Duncan & Mount, of New York City (Dudley C. Smith, of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The libel filed in this suit is against the Director General of Railroads as operator of the tugs Bern and Wyomissing, and against the Union Towboat Company, as owner of the tug Lohrman. Process was never served upon the Union Towboat Company. The libel set forth, as its claim of right of recovery that on December 10, 1919, the appellee's barge Morrison was one of a fleet of light coal boats, which left New York in tow of the tug Bern, bound...

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