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THE TILLIE S.

No. 90.

123 F.2d 899 (1941)

THE TILLIE S. SWENSON v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

November 24, 1941.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and Charles A. Van Hagen, Jr., both of New York City, of counsel), for libellant-appellee.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for respondent-appellant.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

This is an appeal by the Pennsylvania Railroad Company, respondent below, from an interlocutory decree of the District Court holding it liable for damage sustained by libellant's barge Tillie S. on April 27, 1937, while lying at the "light stakes" at South Amboy. The procedure by which similar barges are towed to South Amboy by tugs owned by the Pennsylvania Railroad Company, left there at the light stakes until loaded, and then towed to their...

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