THE McLAIN NO. 5

No. 13547.

25 F.Supp. 944 (1939)

THE McLAIN NO. 5. ALBERT C. FIELD, Inc., v. McLAIN LINE, Inc.

District Court, E. D. New York.

January 20, 1939.


Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for libelant.

Mahar & Mason, of New York City, for claimant.


BYERS, District Judge.

This cause was started by a libel filed November 30, 1932, to which answer was filed February 6, 1934. It remained somnolent for four years, nine and one-half months, at the end of which period it emerged for trial.

The libelant seeks to recover for damage said to have been sustained to a part of a cargo of 24,637.30 bushels of wheat stored on the claimant's barge on September 16 and 24, 1929, and discharged therefrom on December 7,...

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