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THE EVERETT FOWLER

No. 84.

151 F.2d 662 (1945)

THE EVERETT FOWLER. CONNERS MARINE CO., Inc., v. PETTERSON LIGHTERAGE & TOWING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

Motion Denied December 21, 1945.

Attorney(s) appearing for the Case

Purdy & Lamb, of New York City (Edmund F. Lamb and Thomas J. Irving, both of New York City, of counsel), for libellant-appellee.

Kirlin, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and John F. Gerity, both of New York City, of counsel), for respondent-appellant.

John F. X. McGohey, of New York City (Vincent A. Catoggio, of New York City, of counsel), for United States.

Before L. HAND, CHASE and FRANK, Circuit Judges.

Motion Denied December 21, 1945. See 152 F.2d 657.

FRANK, Circuit Judge.

Petterson, the charterer, is liable to the owner. See O'Donnell Transportation Co. v. M. & J. Tracy, Inc., 2 Cir., 150 F.2d 735; there we held that a charterer is thus liable where its consignee is negligent, on the ground that the charterer must at all times care for the barge while under charter to him, and that...

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