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IN RE GRAVEL PRODUCTS CORPORATION

No. 198.

24 F.2d 702 (1928)

In re GRAVEL PRODUCTS CORPORATION. Ex parte LOGAN.

Circuit Court of Appeals, Second Circuit.

March 5, 1928.

Attorney(s) appearing for the Case

Brown, Ely & Richards and Desbecker, Fisk & Newcomb, all of Buffalo, N. Y. (John B. Richards, Laurence E. Coffey, and Walter C. Newcomb, all of Buffalo, N. Y., of counsel), for petitioner.

Burke & Desmond, of Buffalo, N. Y. (Thomas C. Burke and Charles S. Desmond, both of Buffalo, N. Y., of counsel), for claimant.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The statement of facts in this case by the District Judge is substantially unchallenged, and we accept it without repetition. We cannot, however, agree that section 16 of rule XI of the Rules and Regulations of the Board of Supervising Inspectors for the Great Lakes, applied to the Gerken. The cargo, of course, required no protection from water, being itself a mixture of sand and water. The ship required no such protection, because she was altogether seaworthy...

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