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THE J. W. HENNESSY

Nos. 139, 140.

57 F.2d 77 (1932)

THE J. W. HENNESSY. DALZELL TOWING CO., Inc., v. J. W. HENNESSY, Inc. (two cases).

Circuit Court of Appeals, Second Circuit.

March 21, 1932.

Attorney(s) appearing for the Case

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

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

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

AUGUSTUS N. HAND, Circuit Judge.

These are appeals from two libels brought by the Dalzell Company against a dredge and some barges belonging to J. W. Hennessy, Inc., for towage services. This floating equipment had been chartered by the owner, J. W. Hennessy, Inc., to the Charles Contracting Company by a demise charter. By the terms of the charter, the charterer had the exclusive use, control, possession, and operation of the equipment and agreed "at its own expense...

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