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THE TRANSMARINE BARGE NO. 100

Nos. 90, 91.

62 F.2d 252 (1932)

THE TRANSMARINE BARGE NO. 100 (and twenty-eight other cases).

Circuit Court of Appeals, Second Circuit.

December 19, 1932.

Attorney(s) appearing for the Case

Single & Single, of New York City (Forrest E. Single and Herbert P. Reid, both of New York City, of counsel), for appellants.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellees.

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

SWAN, Circuit Judge.

During the last four months of the year 1929 the libeled barges made several trips between New York and Waterford on the Hudson River in tow of tugs of the libelant, Cornell Steamboat Company. The towage was done at the request of Transmarine Corporation, which was operating the barges with the consent of their respective owners, and concededly it had not been paid for when the libels were filed on March 20, 1930. These facts would presumptively...

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