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BERWIND WHITE COAL MINING CO. v. CITY OF NEW YORK

No. 206.

48 F.2d 105 (1931)

BERWIND WHITE COAL MINING CO. v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

March 9, 1931.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant.

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

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellee Transatlantica Italiana.

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

AUGUSTUS N. HAND, Circuit Judge.

The libelant, owner of the coal barge Eureka No. 5, was requested by respondent Transatlantica Italiana to deliver a barge-load of bunker coal to its steamship Guiseppe Verdi, which was lying on the north side of Pier 75, North River, Borough of Manhattan. Libellant accordingly ordered its tug Admiral Dewey to tow the barge to the place. This was done on April 30, 1926, and the barge was moored astern of the Guiseppe Verdi to wait...

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