THE PEARL HARBOR

No. 50.

74 F.2d 58 (1934)

THE PEARL HARBOR. THE HARVESTER. THE R. LENAHAN. THE GILBERT BENEDICT. DREYFUS et al. v. HEDGER TRANSP. CO., Inc.

Circuit Court of Appeals, Second Circuit.

December 3, 1934.


Attorney(s) appearing for the Case

Purdy & Purdy, of New York City (John E. Purdy and Edmund F. Lamb, both of New York City, of counsel), for appellants Pearl Harbor Co., W. E. Hedger & Co., and Hedger Transp. Co.

Otto & Easterday, of New York City (Henry E. Otto, of New York City, of counsel), for libelants Louis Dreyfus & Co.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee L. & L. Canal Line.

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


AUGUSTUS N. HAND, Circuit Judge.

The barge Harvester carried a cargo of wheat from Buffalo to New York and was proceeding eastwardly through the Barge Canal in tow of steam tug Pearl Harbor. The grain belonged to Louis Dreyfus & Co. and was carried under a contract that the latter had made with Hedger Transportation Company which for that purpose had chartered the Pearl Harbor and four barges (one of which was the Harvester...

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