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WATERBURY CO. v. SUNSET LIGHTERAGE CORPORATION

No. 185.

25 F.2d 621 (1928)

WATERBURY CO. v. SUNSET LIGHTERAGE CORPORATION et al. THE CONENAUGHT.

Circuit Court of Appeals, Second Circuit.

April 9, 1928.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant-respondent Sunset Lighterage Co.

Bigham, Englar & Jones, of New York City (Leonard J. Matteson, of New York City, and Willard M. L. Robinson, of Brooklyn, N. Y., of counsel), for libelant.

William F. Purdy, of New York City, for respondent-impleaded-appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

There was a dispute in the testimony as to the making of the contract between the Waterbury Company and Sunset Corporation. Mr. Lane, of the former, testified that he telephoned Mr. Whalen, of the latter, with reference to lightering 250 bales of hemp from pier 18 Brooklyn to the Bush Terminal; that Mr. Whalen replied that he would put him in touch with their lighterage man; that thereafter Mr. Ferry telephoned him and they arranged terms. Thereupon...

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