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THE IRVING

33 F.Supp. 59 (1940)

THE IRVING. UNITED STATES GYPSUM CO. v. CONNERS MARINE CO., Inc.

District Court, S. D. New York.

February 21, 1940.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (F. Herbert Prem, of New York City, of counsel), for libellant.

Purdy & Lamb, of New York City (John E. Purdy, of New York City, of counsel), for claimant and respondent.

HULBERT, District Judge.

This is a suit in Admiralty. Claimant-respondent raises a novel question by its belated motion to amend its answer, seeking thereby to invoke the benefits of the Limitation of Liability statutes, 46 U.S. C.A. § 181 et seq.

Libellant had under charter the barge "Irving". On April 18, 1938, it notified Conners Marine Company, Inc., by letter, that the barge had sunk with a cargo of plaster aboard and that Conners would be held liable...

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