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THE COCKATOO

No. 382.

61 F.2d 889 (1932)

THE COCKATOO. THE WILLIAM E. REED. THE GOODWIN-GALLAGHER NO. 14. THE WILLIAM G. HOWARD. THE MAPLE HILL. THE THOMAS J. HOWARD. RANDALL & McALLISTER v. GOODWIN-GALLAGHER SAND & GRAVEL CORPORATION. SAME v. HOWARD.

Circuit Court of Appeals, Second Circuit.

August 23, 1932.

Attorney(s) appearing for the Case

Burnham, Bigham, Gould & Murphy, of Boston, Mass., and Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Foye M. Murphy and Miles Wambaugh, both of Boston, Mass., of counsel), for Randall & McAllister.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for Goodwin-Gallagher Sand & Gravel Corporation.

Purdy & Purdy, of New York City (Edmund F. Lamb, of New York City, of counsel), for Thomas J. Howard.

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

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

All parties had the opportunity of introducing such proof as they wished during the trial before Judge Goddard. They entered into the stipulation we have quoted and reserved no questions for future adjudication except as to the amount of damages. Under such circumstances we find no basis for Howard's contention that he was deprived of his defense under the Harter Act. Discussions or understandings...

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