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VIRGINIAN RY. CO. v. UNITED STATES

No. 2419.

13 F.2d 772 (1926)

VIRGINIAN RY. CO. v. UNITED STATES. THE BARRENFORK.

Circuit Court of Appeals, Fourth Circuit.

June 8, 1926.

Attorney(s) appearing for the Case

Edward R. Baird, Jr., of Norfolk, Va. (E. W. Knight, of Charleston, W. Va., C. C. Burlingham, of New York City, Williams, Loyall & Tunstall, Baird, White & Lanning, W. H. T. Loyall, and George M. Lanning, all of Norfolk, Va., on the brief), for appellant and cross-appellee.

H. H. Rumble, Sp. Asst. U. S. Atty., of Norfolk, Va. (Paul W. Kear, U. S. Atty., and Charles A. McDonald, Dist. Atty., U. S. Shipping Board, both of Norfolk, Va., on the brief), for appellee and cross-appellant.

Before WADDILL, ROSE, and PARKER, Circuit Judges.

ROSE, Circuit Judge.

The tug Barrenfork belonged to the United States. She was worth $50,000. On the 2d of September, 1922, she had need of bunker coal, and came for it to the Sewell's Point pier of the Virginian Railway, for brevity herein referred to as the Railway. While the servants of the railway were putting coal upon her, she sank. She was subsequently raised, and at a fairly conducted public sale brought only a trifle over $20,000. While she was on the bottom...

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