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THE R. LENAHAN, JR.

No. 254.

48 F.2d 110 (1931)

THE R. LENAHAN, JR. THE JOHN J. RYAN. THE CARLOTTA.

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 appellants Bethlehem Steel Co. and Mary Ryan.

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Crawley and Paul L. Clugston, both of New York City, of counsel), for appellant Continental Grain Co.

Single & Single, of New York City (William J. Mahar, of New York City, of counsel), for appellant Thomas Reddy.

Stanley & Gidley, of Buffalo, N. Y. (Arthur E. Otten, of Buffalo, N. Y., of counsel), for appellee.

Before L. HAND, CHASE, and MACK, Circuit Judges.

L. HAND, Circuit Judge.

The Iroquois Transit Corporation, the carrier, was in the business of hauling merchandise through the Mohawk River Canal. Having no equipment of its own, or only an insufficient amount, it chartered empty barges and tugs for its purposes. Among the chartered barges were the two in question, whose hire was on a per diem basis; they were bare boats with a bargee in charge, employed and paid by the owners. The tug was small, driven by a Diesel...

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