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O'BRIEN BROS. v. CITY OF NEW YORK

36 F.2d 102 (1928)

O'BRIEN BROS., Inc., v. CITY OF NEW YORK et al.

District Court, E. D. New York.

July 2, 1928.

Attorney(s) appearing for the Case

Foley & Martin, of New York City, for libelant.

George P. Nicholson, Corp. Counsel, of New York City, for respondent City of New York.

Wing & Wing, of New York City, for respondent Adler.

Bongiorno & Diserio, of New York City, for respondent Frorillo.

INCH, District Judge.

Libelant's scow was damaged by a fire which started under a dumping board, on a pier, and was later communicated to the scow. The cause of the fire was uncertain, but it may fairly be said to have first arisen in some rags and rubbish belonging to the respondent Frorillo, a subcontractor for the respondent Adler, who had made a contract with the city to do the "trimming" of scows at this place. Naturally there was, of necessity, a quantity of...

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