O'BRIEN BROS. v. CITY OF NEW YORK

Nos. 6304, 7154.

27 F.2d 989 (1928)

O'BRIEN BROS., Inc., v. CITY OF NEW YORK et al. AMERICAN SUGAR REFINING CO. v. SAME.

District Court, E. D. New York.

June 13, 1928.


Attorney(s) appearing for the Case

J. A. Martin, of New York City, for O'Brien Bros., Inc., and Bouker.

W. J. Leonard, of New York City, for City of New York.

Peter Alexander, of New York City, for the Shamrock and the J. J. McGuirl.

J. R. McMullen, of New York City, for the Subway.

C. Palmer, of New York City, for Jay Street Terminal.

A. J. McElhinney, of New York City, for American Sugar Refining Co.


CAMPBELL, District Judge.

On stipulation the two above-entitled actions were tried together, and, as each forms a part of one transaction, one opinion will be sufficient.

In each of the above-entitled actions the Shamrock Towing Company, Inc., the Bouker Contracting Company, and the Jay Street Terminal were impleaded on the petition of the city of New York, under the fifty-sixth rule in admiralty, and in the first...

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