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TODD ERIE BASIN DRY DOCKS v. THE PENELOPI

No. 255.

148 F.2d 884 (1945)

TODD ERIE BASIN DRY DOCKS, Inc., v. THE PENELOPI et al.

Circuit Court of Appeals, Second Circuit.

April 30, 1945.

Attorney(s) appearing for the Case

Dow & Symmers, of New York City (Wilbur E. Dow, Jr., Joseph M. Brush, and Sherman V. Petrie, Jr., all of New York City, of counsel), for appellant.

Crowell & Rouse, of New York City (E. Curtis Rouse and George L. Varian, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The original libel in this consolidated cause was filed by a dry dock company, for brevity called Todd, to recover some $23,400 for work performed on the S. S. Penelopi to convert her from a coal to an oil burner. The vessel was delivered at Todd's shipyard on September 2, 1941 and was redelivered to her owner on December 27, 1941. The owner, for brevity called Polar, filed a cross-libel for damages resulting from the wrongful detention of the...

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