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SOUTHERN STATES TOWING LINES v. LEE TRANSIT CORP.

No. 405.

144 F.2d 101 (1944)

SOUTHERN STATES TOWING LINES, Inc., v. LEE TRANSIT CORPORATION. THE COMANCHE.

Circuit Court of Appeals, Second Circuit.

July 21, 1944.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman and James A. Martin, both of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan, of New York City, of counsel), for appellee.

Before AUGUSTUS N. HAND, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

The libelee has appealed from an interlocutory decree of the District Court for the Eastern District of New York for charter hire and damages for injuries caused to libelant's tug "Comanche" while being used in heavy ice in the Connecticut river. The present issue is whether the damages so caused by ice may be recovered.

The libelant orally chartered the tug fully manned to the libelee in December 1941...

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