W. E. HEDGER TRANSP. CORPORATION v. GALLOTTA

No. 121.

145 F.2d 870 (1944)

W. E. HEDGER TRANSP. CORPORATION v. GALLOTTA et al.

Circuit Court of Appeals, Second Circuit.

October 30, 1944.


Attorney(s) appearing for the Case

Christopher E. Heckman and Foley & Martin, all of New York City, for Hedger Corp.

Albert P. Thill and John P. Smith, both of New York City, for Manhattan Co.

Samuel Spevack and Michael J. Esposito, both of Brooklyn, N.Y., for Gallotta.

Before L. HAND, SWAN and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

The appellant, Hedger Company, in a proceeding brought under the 51st Admiralty Rule, 28 U.S.C.A. following section 723, to limit its liability as a shipowner, appeals from an order denying a motion to reinstate a stay of an action for personal injuries, brought by the appellee, Gallotta, in the state court. The facts upon which the decision depended were as follows. The Hedger Company owned the barge...

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