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WATHEN v. PUBLIC FIRE INS. CO.

No. 37.

61 F.2d 962 (1932)

WATHEN et al. v. PUBLIC FIRE INS. CO.

Circuit Court of Appeals, Second Circuit.

December 5, 1932.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (W. J. Martin, of New York City, and David Stoffer, of Newark, N. J., of counsel), for appellant.

Bigham, Englar, Jones & Houston, of New York City (George S. Brengle and John M. Aherne, both of New York City, of counsel), for appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiffs, owners of the barge Lottie, seek to recover from the defendant, an insurance company, for loss of the Lottie, which foundered on September 19, 1928, when at anchor in the Delaware breakwater. The trial court directed a verdict for the plaintiffs, and the defendant has appealed.

The tug T. J. Hooker started from Hampton Roads, on September 16, 1928, having in tow plaintiffs' barges Nahant, Olwine, and Lottie...

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