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THE NORTHERN NO. 29

No. 14163.

15 F.Supp. 543 (1936)

THE NORTHERN NO. 29. FLAT-TOP FUEL CO., Inc., v. MARTIN.

District Court, E. D. New York.

On Reargument February 24, 1936.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Thomas H. Middleton, of New York City, of counsel), for libelant.

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

INCH, District Judge.

Libelant owned a cargo of coal, consisting of approximately 2,000 tons, which was being transported by the barge Northern No. 29 when the said barge, owned by the respondent, Martin, sank at sea off the Jersey coast. Both the barge and the coal were a total loss.

The libel contains two causes of action, both in personam. One is based on a contract based on failure to perform an alleged contract for carriage of the coal by respondent from...

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