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ROBERT R. SIZER & CO. v. CHIARELLO BROS.

32 F.2d 333 (1929)

ROBERT R. SIZER & CO. v. CHIARELLO BROS., Inc., et al. (F. JARKA & CO., Inc., Impleaded). THE LENA. CHIARELLO BROS., Inc., v. ROBERT R. SIZER & CO.

District Court, E. D. New York.

March 12, 1929.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer and Paul Speer, all of New York City, for libelant.

William F. Purdy, of New York City, for Chiarello Bros., and lighter Lena.

Burlingham, Veeder, Masten & Fearey and A. Howard Neely, all of New York City, for F. Jarka & Co.

INCH, District Judge.

The above two suits were tried together and may be decided in one opinion. The facts are the same in both suits.

In substance it appears that in October, 1925, the Sizer Company expected a shipment of lumber on board a steamship to arrive in this port, and when the ship had arrived at pier 6, New York dock, Brooklyn, it made certain arrangements with the respondent Chiarello Bros. Just what these arrangements were does not appear, either...

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