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HIRSCH LUMBER CO. v. C. OTTAVIANO & CO. INC.

No. 251.

18 F.2d 952 (1927)

HIRSCH LUMBER CO. v. C. OTTAVIANO & CO., Inc., et al. C. OTTAVIANO & CO., Inc., v. E. W. McCLAVE & SON, Inc.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Richard F. Shaw, of New York City, of counsel), for Hirsch Lumber Co.

William F. Purdy, of New York City, for C. Ottaviano & Co., Inc.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for E. W. McClave & Son, Inc.

Before MANTON, HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

There were three libels filed below for losses arising out of the happening to which we will refer herein. These suits were tried together and resulted in a decree for the Hirsch Lumber Company against C. Ottaviano & Co., Inc., for damage to a cargo of lumber. C. Ottaviano & Co., Inc., alone appeals.

The Hirsch Lumber Company shipped a cargo of lumber on the deck of the lighter Only Sister, consigned to E. W. McClave & Son...

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