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THE G. L. 40.

No. 432.

66 F.2d 764 (1933)

THE G. L. 40. COWLES TOWING CO,, Inc., v. GRAIN TRANSIT CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

August 1, 1933.

Attorney(s) appearing for the Case

Stanley & Gidley, of Buffalo, N. Y. (Arthur E. Otten, of Buffalo, N. Y., of counsel), for libelant appellant.

Thomas A. McDonald, of New York City (Thomas A. McDonald and Franklin M. Depew, both of New York City, of counsel), for claimant and stipulator appellants.

Single & Hill, of New York City (Gregory S. Rivkins and Christopher E. Heckman, both of New York City, of counsel), for respondent impleaded, appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

On July 31, 1929, the barge G. L. 40, while in tow, struck a guard gate abutment in the New York State Barge Canal at Medina, N. Y., and sank. At the time of the disaster the barge was covered by a policy of insurance in the amount of $6,500 issued by the Switzerland General Insurance Company of Zurich. The libelant raised the barge and towed her to a dry dock at Buffalo, N. Y., and thereafter brought this action in rem to recover...

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