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THE NO. 23

Nos. 12101, 12267.

54 F.2d 139 (1931)

THE NO. 23. TIDE WATER OIL CO. v. BREWER DRY DOCK CO. BREWER DRY DOCK CO. v. TIDE WATER OIL CO.

District Court, E. D. New York.

November 4, 1931.

Attorney(s) appearing for the Case

Emery & Pyne, of New York City (Vincent A. Catoggio, Jr., and Warner Pyne, both of New York City, of counsel), for libelant and cross-respondent.

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Prizer and Paul L. Clugston, both of New York City, of counsel), for respondent and cross-libelant.

GALSTON, District Judge.

These causes by stipulation were tried together.

The libel of the Tide Water Oil Company seeks to recover from the Brewer Dry Dock Company for damages sustained by the Tide Water Oil Company barge No. 23 on March 1, 1930, while she was undergoing repairs at the Brewer Dry Dock, Mariners' Island, Staten Island.

The cross-libel seeks to recover for damages sustained by the dry dock.

The barge No. 23 was a wooden barge...

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