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J. C. PENNEY-GWINN CORPORATION v. McARDLE

Nos. 5268, 5269.

27 F.2d 324 (1928)

J. C. PENNEY-GWINN CORPORATION v. McARDLE et al. THE MASSACHUSETTS. THE LAWRENCE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1928.

Attorney(s) appearing for the Case

Wm. E. Kay, Thos. B. Adams, R. Ragland, and L. Kurz, all of Jacksonville, Fla. (Kay, Adams, Ragland & Kurz, of Jacksonville, Fla., on the brief), for appellant.

Worth W. Trammell, of Miami, Fla. (Rollin L. Smith and Frederic R. Sanborn, both of New York City, on the brief), for appellee McArdle.

Lee Guest, of Jacksonville, Fla., for appellee J. C. Christopher Co.

S. J. Barco, of Miami, Fla., for appellee Clark Dredging Co.

Wallace F. Perry and Roscoe C. Evans, both of Miami, Fla., for appellee Lancaster Iron Works.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

These two cases involve the same questions of law and practically the same facts, and may be disposed of in one opinion. It appears that the Shoreland Company, a Florida corporation, owned a tract of land in Dado county, Florida, on Biscayne Bay, and was engaged in filling it, by pumping sand and other material from the bottom of the bay. For the purpose of doing this work the Shoreland Company acquired the steam suction dredges Lawrence and...

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