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THE BARRYTON

No. 43.

54 F.2d 282 (1931)

THE BARRYTON. OSTERHOUDT v. HEDGER TRANSP. CO. Inc.

Circuit Court of Appeals, Second Circuit.

November 2, 1931.

Attorney(s) appearing for the Case

Single & Hill, of New York City (C. Welmore Robinson, of New York City, of counsel), for appellant.

Barry, Wainwright, Thacher & Symmers, of New York City (Earle Farwell, of New York City, of counsel), for the tug Barryton.

Haight, Smith, Griffin & Deming, of New York City (James McKown, Jr., and Stanley W. Schaefer, both of New York City, of counsel), for Hedger Transp. Co.

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

L. HAND, Circuit Judge.

Osterhoudt owned two barges, "The Freedom" and "The Adam Schumann," which he chartered to the Hedger Transportation Company for use upon the Barge Canal and the Great Lakes, the right to use them upon the Lakes being conditional upon the charterer's having "satisfied the Owner with full insurance coverage" at its expense. Osterhoudt was to deliver in New York and the charterer to redeliver there likewise; hire to cease, "should barge or barges...

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