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CARGO OF LUMBER LADEN ON SCOW CULLEN NO. 42 v. UNITED STATES LIGHTERAGE CORPORATION

Nos. 3686-3688.

23 F.2d 1000 (1928)

CARGO OF LUMBER LADEN ON SCOW CULLEN NO. 42 (Pembroke Lumber Sales Company, Inc., Appellant), v. UNITED STATES LIGHTERAGE CORPORATION, Appellee. CARGO OF LUMBER LADEN ON SCOW MORAN NO. 28 (Pembroke Lumber Sales Company, Inc., Appellant), v. UNITED STATES LIGHTERAGE CORPORATION, Appellee. CARGO OF LUMBER LADEN ON SCOW N. Y. NO. 1 (Pembroke Lumber Sales Company, Inc., Appellant), v. CHIARELLO LIGHTERAGE CORPORATION, Appellee.

Circuit Court of Appeals, Third Circuit.

February 20, 1928.

Attorney(s) appearing for the Case

Duncan & Mount, of New York City (Joseph K. Inness, of New York City, of counsel), for appellant.

William F. Purdy, of New York City (Thomas A. McDonald, of New York City, of counsel), for appellee U. S. Lighterage Corporation.

Frederick W. Park, of New York City, for appellee Chiarello Co.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the libel filed in the court below the lighterage company claim to recover for lighterage services and demurrage growing out of its removal by the scow Cullen No. 42 of a cargo of lumber owned by the Pembroke Lumber Sales Company and consigned to itself, from the steamship Commercial Guide lying at Brooklyn to the Kenna Wharf Terminal at Newark, N. J. The libel alleged an express promise by the Pembroke Company to pay such lighterage...

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