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P. SANFORD ROSS, INC. v. MORAN TOWING & TRANSPORTATION CO. INC.

Nos. 154, 155.

55 F.2d 1052 (1932)

P. SANFORD ROSS, Inc., v. MORAN TOWING & TRANSPORTATION CO., Inc., et al. MORAN TOWING & TRANSPORTATION CO., Inc., v. P. SANFORD ROSS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 1, 1932.

Attorney(s) appearing for the Case

Shearman & Sterling, of New York City, (Horace M. Gray and P. F. W. Ruther, both of New York City, of counsel), for appellant.

Alexander, Ash & Jones, of New York City (Edward Ash, and Lawson R. Jones, both of New York City, of counsel), for libelant-appellee.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee Moran Towing & Transportation Co., Inc.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The Astoria Light, Heat & Power Company made a contract with Moran Towing & Transportation Company, Inc., under which the Moran Company agreed to deliver a dump scow at the Luyster Creek Dock of the Astoria Company to be loaded with approximately eight hundred cubic yards of spent oxide and to tow the scow out to sea where the oxide was to be dumped. The Moran Company did deliver a scow at the dock for this purpose, but it was rejected...

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