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THE ASTRI

No. A-15931.

52 F.Supp. 668 (1943)

THE ASTRI. ARMCO INTERNATIONAL CORPORATION v. REDERI A/S DISA et al.

District Court, E. D. New York.

November 27, 1943.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Lumbard, of New York City, (Lloyd F. MacMahon, of New York City, of counsel), for impleaded respondents Shelton Pitney and Walter P. Gardner as Trustees, etc.

Duncan & Mount, of New York City, (Wilbur H. Hecht, of New York City, of counsel), for William Spencer & Son Corporation.

BYERS, District Judge.

The Trustees of Central Railroad Company of New Jersey have filed an exception to an impleading petition under the 56th Admiralty Rule, 28 U.S.C.A. following section 723, upon the theory that it is legally insufficient, in failing to allege that the exceptant represented that a leaky drum (one of a number of like containers), which it had repaired, was by its act removed from its barge and loaded on board an ocean carrier.

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