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FLAT-TOP FUEL CO. v. MARTIN

No. 389.

85 F.2d 39 (1936)

FLAT-TOP FUEL CO., Inc., v. MARTIN.

Circuit Court of Appeals, Second Circuit.

July 13, 1936.

Attorney(s) appearing for the Case

Lynch, Hagen & Atkins, of New York City (Horace T. Atkins, of New York City, of counsel), for appellant.

Thomas H. Middleton, of New York City (Hill, Rivkins & Middleton, of New York City, on the brief), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is a libel in personam brought against the owner of a coal barge, Northern No. 29, by the owner of the cargo she was carrying when she sank on December 10, 1933. Both the vessel and her cargo were a total loss. The libel contains two counts; one alleging a contract of carriage and a breach thereof by failure to deliver; the other in tort, on the theory that the respondent was negligent in supplying an unseaworthy barge for the transportation...

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