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THE P. R. R. NO. 35

No. 341.

58 F.2d 170 (1932)

THE P. R. R. NO. 35. THE EUGENIA MORAN. CLEARY BROS., Inc., v. PENNSYLVANIA R. CO., et al.

Circuit Court of Appeals, Second Circuit.

May 9, 1932.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and Paul Tison, both of New York City, of counsel), for appellant.

Foley & Martin, of New York City, for appellee Cleary Bros., Inc.

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan, of New York City, of counsel), for appellee Moran Towing & Transportation Co.

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

CHASE, Circuit Judge.

The libelant is the owner of the barge Freedom. It sued the steamtug P. R. R. No. 35, alleging negligent towage whereby the Freedom was brought into collision with the center abutment of the Baltimore & Ohio bridge over the Arthur Kill and was so injured that she sank. The Pennsylvania Railroad Company appeared as claimant and impleaded the steamtug Eugenia Moran under the 56th Rule (28 USCA § 723). The Moran Towing & Transportation...

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