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THE BLEAKLEY NO. 76

Nos. 24, 25.

54 F.2d 530 (1931)

THE BLEAKLEY NO. 76. THE HUSTLER. BLEAKLEY TRANSP. CO., Inc., v. DANIEL ROE TOWING & TRANSP. CO., Inc., et al. CARBONATE OF LIME CORPORATION v. SAME.

Circuit Court of Appeals, Second Circuit.

December 7, 1931.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Wharton Poor and James McKown, Jr., both of New York City, of counsel), for appellant O. J. T. Towing & Transp. Co., Inc., claimant of The Tug Hustler.

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for libelant-appellee Bleakley Transp. Co.

Frederick W. Park, of New York City, for Carbonate of Lime Corporation.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

On December 9, 1927, the barge Bleakley No. 76, loaded with lime, was taken in tow by the Hustler on short hawsers at College Point, bound for the dock of the Wm. P. McDonald Construction Company at Flushing Creek, L. I. Along the easterly side of Flushing Creek from north to south, there were the following five docking facilities, to wit, Tuohy & Upton; Wm. P. McDonald Construction Company; Peace Bros.; Queens Gas Company; and Jaeger &...

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