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HEDGER TRANSP. CO. v. THE IDEAL

No. 16833.

78 F.Supp. 384 (1944)

HEDGER TRANSP. CO. v. THE IDEAL et al. THE B & B NO. 6. THE EVELYN MATHIASEN. THE TRANSFER NO. 3.

District Court, E. D. New York.

January 19, 1944.

Attorney(s) appearing for the Case

Platow & Lyon, of New York City (John A. Lyon, of New York City, of counsel), for libellant, Hedger.

Mahar & Mason, of New York City (Frank Mason, of New York City, of counsel), for Mathiasen Shipping Co.

Duncan & Mount, of New York City (Frank Bull, of New York City, of counsel), for Bethlehem Steel Co.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and John F. Gerity, both of New York City, of counsel), for the United States.

Blank & Lesser, of Brooklyn, N. Y. (Harry Teichner, of Brooklyn, N. Y., of counsel), for Dillon Towing Co.

MOSCOWITZ, District Judge.

The W. E. Hedger Transporation Company, the Libellant, was the owner of the Barge B & B No. 6 and bailee of the cargo.

On May 10, 1943, at about 2:00 p. m., the B & B No. 6 was in all respects seaworthy and was lying properly secured on the starboard side of a crane which was loading ore unto the B & B No. 6 from a steamer, the Pierre DuPont, which was lying on the east side of the Pier at the foot of Columbia Street...

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