COXE, District Judge.
I think it is perfectly clear that this case is not covered by section 443 (33 U. S.C.A. § 443) as there was no intention whatever to deposit or discharge or place any of the lumber in the waters of New York Harbor or adjacent waters. On both occasions complained about by the government, the claimant was moving piling planks and sheathing from places in New Jersey, where it was engaged in repair work, to its own storage yard at Greenville...
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