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THE WEST ELDARA

No. 104.

104 F.2d 670 (1939)

THE WEST ELDARA. AMERICAN DIAMOND LINES, Inc., v. McALLISTER TOWING & TRANSPORTATION CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

June 13, 1939.

Attorney(s) appearing for the Case

Purdy & Lamb, of New York City (John E. Purdy and Edmund F. Lamb, both of New York City, of counsel), for respondent-appellant McAllister Towing & Transportation Co., Inc.

Frank V. Barns, of New York City, for respondent-impleaded-appellant.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for libellant-appellee.

Before AUGUSTUS N. HAND and CHASE, Circuit Judges.

PER CURIAM.

Upon the facts as stated in the previous opinion, The West Eldara, 101 F.2d 45, with which familiarity is now assumed, we held that the pilotage clause was not binding upon the ship owner. This is so because the charterer was not the agent of the owner in contracting with the towing company to dock the vessel. The Niels R. Finsen, D.C., 52 F.2d 795

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