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FUEL v. MICHIGAN LIMESTONE & CHEMICAL CO.

No. 258.

136 F.2d 660 (1943)

P. M. FUEL, Inc., v. MICHIGAN LIMESTONE & CHEMICAL CO.

Circuit Court of Appeals, Second Circuit.

July 1, 1943.

Attorney(s) appearing for the Case

Brown, Ely & Richards, of Buffalo, N. Y. (Laurence E. Coffey, of Buffalo, N. Y., and McKeehan, Merrick, Arter & Stewart and George Wm. Cottrell, all of Cleveland, Ohio, of counsel), for appellant.

Duncan, Leckie, McCreary, Schlitz & Hinslea, of Cleveland, Ohio (Lee C. Hinslea and Lucian Y. Ray, both of Cleveland, Ohio, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

The respondent negligently stored upon the east bank of the Buffalo River so great a weight of crushed limestone that on the evening of November 29, 1939, the bank gave way, creating a shoal in the river. On the following morning the libellant's vessel, while proceeding up the river without negligence on her part, rubbed the port side of her bottom upon this shoal. The impact caused a slight list to starboard and a checking of her engines but did not cause...

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