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MARINE TRANSIT CORP. v. NORTHWESTERN FIRE & M. INS. CO.

No. 47.

67 F.2d 544 (1933)

MARINE TRANSIT CORPORATION v. NORTHWESTERN FIRE & MARINE INS. CO., et al.

Circuit Court of Appeals, Second Circuit.

November 6, 1933.

Attorney(s) appearing for the Case

William J. Mahar, of New York City, for Marine Transit Corp.

Purdy & Purdy, of New York City (William F. Purdy and John E. Purdy, both of New York City, of counsel), for Northwestern Fire & Marine Ins. Co.

Bigham, Englar, Jones & Houston, of New York City (George S. Brengle and Henry N. Longley, both of New York City, of counsel), for Globe & Rutgers Fire Ins. Co.

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

CHASE, Circuit Judge.

The libelant agreed to transport wheat belonging to Dreyfus & Co. from Buffalo to New York. The wheat was laden on the barge Ryan it held under a demise charter and towed on the barge without mishap until it reached Troy by way of the Barge Canal. While the Gerald A. Fagan, a tug owned by the libelant, was towing the barge into the government lock at Troy, it negligently brought the Ryan into collision with the wall of the lock, and the cargo...

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