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THE EUREKA NO. 45

42 F.2d 564 (1930)

THE EUREKA NO. 45. BERWIND WHITE COAL MINING CO. v. CITY OF NEW YORK et al.

District Court, S. D. New York.

February 14, 1930.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Robert F. Lenahan, of New York City, of counsel), for libelant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine, of New York City, of counsel), for respondent Compagnie Transatlantica Italiana.

Arthur J. W. Hilly, Corp. Counsel, of New York City (Matthew J. Troy and William J. Leonard, both of New York City, of counsel), for respondent City.

FRANK J. COLEMAN, District Judge.

Libelant's coal barge foundered at Pier 74 on May 1, 1926 and recovery is sought from the city of New York, which owned the pier, and from the Compagnie Transatlantica Italiana, which controlled the pier at that time, and to whom the barge was consigned. The injury was caused by the barge resting upon the top of a broken fender pile which on the falling tide stove a hole in the bottom of the barge.

About six weeks before the...

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