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WARREN & ARTHUR SMADBECK v. HELING CONTRACTING CORP.

Nos. 391, 392.

50 F.2d 99 (1931)

WARREN & ARTHUR SMADBECK, Inc., v. HELING CONTRACTING CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 1, 1931.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (John W. Griffin, Wharton Poor, and James McKown, Jr., all of New York City, of counsel), for appellant.

Samuel J. Rawak, of New York City, for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellee's dredge was chartered, under contract dated September 5, 1928, for use in dredging sand used for making land on Long Island. She was delivered at Mastick, Long Island, on the 17th of September, 1928, and was used off and on until November 5, 1928, when she was destroyed by fire, together with a barge which we find was not the subject of the charter, but which the appellee consented appellant might use. There was some oil on the barge...

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