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THE T. J. HOOPER

No. 430.

60 F.2d 737 (1932)

THE T. J. HOOPER. THE NORTHERN NO. 30 AND NO. 17. THE MONTROSE. In re EASTERN TRANSP. CO. NEW ENGLAND COAL & COKE CO. v. NORTHERN BARGE CORPORATION. H. N. HARTWELL & SON, Inc., v. SAME.

Circuit Court of Appeals, Second Circuit.

July 21, 1932.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin and John R. Stewart, both of New York City, of counsel), for Eastern Transp. Co.

Burnham, Bingham, Gould & Murphy, of Boston, Mass., and Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Charles S. Bolster and Miles Wambaugh, both of Boston, Mass., of counsel), for New England Coal & Coke Co. and another.

John W. Oast, Jr., of Norfolk, Va. and Crowell & Rouse, of New York City, for Northern Barge Corporation.

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

L. HAND, Circuit Judge.

The barges No. 17 and No. 30, belonging to the Northern Barge Company, had lifted cargoes of coal at Norfolk, Virginia, for New York in March, 1928. They were towed by two tugs of the petitioner, the "Montrose" and the "Hooper," and were lost off the Jersey Coast on March tenth, in an easterly gale. The cargo owners sued the barges under the contracts of carriage; the owner of the barges sued the tugs under the towing contract, both for its...

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