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THE HELDERBERG

No. 194.

94 F.2d 649 (1938)

THE HELDERBERG. MACKAY v. PENNSYLVANIA R. CO. et al. THE MABEL. A. J. & J. J. McCOLLUM, Inc., v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for Pennsylvania Railroad Co.

Eggleston & Vander Clute, of New York City (Carl F. Vander Clute, of New York City, of counsel), for A. J. & J. J. McCollum, Inc.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for Rufus Mackay.

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

L. HAND, Circuit Judge.

These appeals involve two decrees entered upon separate libels in the admiralty, for injuries done to the barges "Mabel" and "Helderberg." The Pennsylvania Railroad had brought the "Helderberg" to the South Amboy "stakes" on the morning of April 4th; the "Mabel" on April 6th; each to await her turn to be loaded at the chutes and towed back to New York; while there, they pounded together in a storm on the morning of the 8th. Mackay, the owner...

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