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THE H. HERBERMAN

33 F.2d 332 (1929)

THE H. HERBERMAN. THE BRINTON. THE LEVIATHAN.

District Court, E. D. New York.

May 13, 1929.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, and E. F. Lamb, all of New York City, for libelant.

Burlingham, Veeder, Fearey, Clark & Hupper, and Norman M. Barron, all of New York City, for P. R. R. Co.

William A. De Groot, U. S. Atty., and Anthony M. Menkel, both of Brooklyn, N. Y., for the United States.

INCH, District Judge.

Libelant owns the canalboat Herberman which he claims was damaged by the carelessness of the tug Brinton. He has libeled that tug. Her owners have impleaded the owner of the Leviathan, claiming that the accident was caused solely by the latter vessel.

There is very little dispute as to the facts. On February 26, 1924, in the afternoon of what is termed, by one witness, a "fine day," with "no wind of any importance," the tug Brinton arrived...

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