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TAYLOR BROS. LUMBER CO. v. SUNSET LIGHTERAGE CO.

No. 310.

43 F.2d 700 (1930)

TAYLOR BROS. LUMBER CO., Inc., v. SUNSET LIGHTERAGE CO. et al. THE SUNDIAL.

Circuit Court of Appeals, Second Circuit.

July 14, 1930.

Attorney(s) appearing for the Case

William F. Purdy, of New York City, for appellant.

Single & Single, of New York City (Gregory S. Rivkins, and Frank H. Gerrodette, both of New York City, of counsel), for libelant-appellee.

William J. Mahar, of New York City, for respondent-appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

Under a bill of lading issued by Transmarine Corporation, pitch pine lumber owned by the libelant was shipped on the steamer Sunewarkco from Mobile, Ala., to Port Newark, N. J., whence it was to be lightered to a dock on the East River, New York City. To perform the lighterage, Transmarine Corporation on November 24, 1926, orally chartered the lighter Sundial from appellant at an agreed daily hire. While the lighter was lying alongside the steamer...

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