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BOUKER CONTRACTING CO. v. WILLIAMSBURGH POWER PL. CORP.

No. 331.

130 F.2d 96 (1942)

BOUKER CONTRACTING CO. v. WILLIAMSBURGH POWER PLANT CORPORATION. THE 73-H.

Circuit Court of Appeals, Second Circuit.

July 31, 1942.

Attorney(s) appearing for the Case

William C. Chanler, Corp. Counsel, of New York City (George Seagrave Franklin and Martin Faust, both of New York City, of counsel), for respondent-appellant.

Foley & Martin, of New York City, (Christopher E. Heckman, of New York City, of counsel), for libellant-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is a libel in admiralty filed by Bouker Contracting Company, owner of the dump scow 73-H, to recover damages occasioned by the sinking of its barge at the plant of the respondent, Williamsburgh Power Plant Corporation, through the negligence of the latter's employees in placing the scow at a berth where there would be insufficient water at some stages of the tide to float her when fully loaded. The District Judge granted an interlocutory...

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