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THE E. T. HALLORAN

No. 321.

111 F.2d 571 (1940)

THE E. T. HALLORAN. THE RUSSELL IV. HOWARD v. DOBBINS-TRINITY COAL CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

May 6, 1940.

Attorney(s) appearing for the Case

Joseph M. Howard, of New York City (John E. Purdy and Edmund F. Lamb, both of New York City, of counsel), for appellant.

Bailey & Muller, of New York City (Gerald J. McKernan and Julius F. Steinbrenner, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

In October 1938 the barge E. T. Halloran, owned by the appellant, was chartered by him to the appellee. The charter was the ordinary oral agreement for a specified per diem hire and for an indefinite period of time. The barge was without motive power and was manned by a bargee paid by the bailor. Concededly the barge was seaworthy when delivered and was returned in a damaged condition less than a month thereafter. The damage occurred while the...

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