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THE FREDERICK W. STARR NO. 25

Nos. 10581, 10724, 10762.

41 F.2d 528 (1930)

THE FREDERICK W. STARR NO. 25. THE LIGHTER NO. 440. CHIARELLO LIGHTERAGE CORPORATION v. 170,000 FEET OF LUMBER et al. CHARLES R. McCORMICK LUMBER CO. v. CHIARELLO LIGHTERAGE CORPORATION et al. DELAWARE, L. & W. R. CO. v. CHIARELLO LIGHTERAGE CORPORATION et al.

District Court, E. D. New York.

June 3, 1930.

Attorney(s) appearing for the Case

Frederick W. Park, of New York City, for Chiarello Lighterage Corporation.

Single & Single and W. J. Mahar, all of New York City, for Charles R. McCormick Lumber Co.

P. A. Beck, of New York City, for Jules S. Sottnek, Joseph Castellana, and Jules S. Sottnek Co.

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for Frederick W. Starr No. 25.

John E. Morrissey, of New York City, for the railroad company.

BYERS, District Judge.

On August 7, 1927, the scow Frederick W. Starr No. 25, being alongside the steamship Commercial Spirit, at No. 2 hatch, careened and cast into the slip, in which she was lying, some 170,000 feet of lumber. The scene of this occurrence was the slip between Pier 46 South Brooklyn (at which the steamship was berthed) and Beard's dock adjoining on the south. The steamship was headed inshore, and the lighter had been moved from her berth at the outshore...

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