THE SMOKY CITY

No. 6208.

88 F.2d 959 (1937)

THE SMOKY CITY. ZUBIC v. TRANTER MFG. CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 8, 1937.


Attorney(s) appearing for the Case

McCrady, McClure, Nicklas & Hirschfield and John B. Nicklas, Jr., all of Pitts. burgh, Pa., for appellant.

J. M. Stoner & Sons and J. R. Van Kirk, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, Circuit Judge, and WELSH and MARIS, District Judges.


BUFFINGTON, Circuit Judge.

This admiralty case turns on the question of fact whether the contract between the parties was simply to furnish material for an installation designed by the vessel owner, or whether it was a contract by the libelant to design installation and furnish the material for such design. The court below found the former contention was the fact and entered a decree in favor of the materialman and against the appellant vessel.

On due consideration...

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