FLAT-TOP FUEL CO. v. MARTIN

No. 14163.

16 F.Supp. 871 (1936)

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

District Court, E. D. New York.

October 27, 1936.


Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Barton P. Ferris and Eugene P. McCue, both of New York City, of counsel), for libelant.

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


BYERS, District Judge.

Motion for retaxation of costs in a cause in which the Circuit Court of Appeals reversed the District Court on the issue of limitation raised by respondent, and affirmed on the question of responsibility for the loss of cargo, which constituted libelant's cause.

The clerk has taxed all costs in favor of respondent, because the result of sustaining the right to limit is to deprive libelant of any recovery since the barge was a total loss...

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