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THE PENN FUEL

36 F.2d 272 (1929)

THE PENN FUEL.

District Court, S. D. New York.

August 22, 1929.

Attorney(s) appearing for the Case

Single & Single, of New York City (Thomas H. Middleton, of New York City, of counsel), for the motion.

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer, of New York City, of counsel), opposed.

WOOLSEY, District Judge.

This motion is denied.

The libel, which forms the background of this proceeding, was filed on behalf of underwriters by the Payne Coal Company, Inc. — hereinafter referred to as the coal company — as owner of a cargo of coal, to recover $750 for damage claimed to have been suffered by the coal while on board the barge Penn Fuel.

The parties to the proceeding, which is really independent of the libel, are, on the...

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