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THE STIRLING TOMKINS

Nos. 382, 383.

90 F.2d 626 (1937)

THE STIRLING TOMKINS. THE EDWIN TERRY. THE BEAR. CHARLES E. PEARSALL & SON, Inc., v. CORNELL STEAMBOAT CO. TRANSMARINE TRANSPORTATION CORPORATION v. SAME.

Circuit Court of Appeals, Second Circuit.

June 14, 1937.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellant.

Morgan & Lockwood, of New York City (Mark W. Maclay, of New York City, of counsel), for appellee Charles E. Pearsall & Son, Inc.

Bigham, Englar, Jones & Houston, of New York City (Charles A. Van Hagan, Jr., of New York City, of counsel), for libelant-appellee Transmarine Transp. Corporation.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

While northbound in the Tappan Zee in the Hudson River in the head tier of a 35-boat flotilla in tow of the respondent's tug Sterling Tomkins assisted by another of its tugs the Edwin Terry, the steel canal barge Transmarine No. 126, owned by the libelant Transmarine Transportation Corporation and loaded with scrap iron, of which the libelant was bailee, foundered in a heavy sea and sank early in the evening of April 17, 1932. About an hour and...

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