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THE J. G. NO. 48

No. 16932.

58 F.Supp. 773 (1945)

THE J. G. NO. 48. THE HENRY HENJES. F. E. GRAUWILLER TRANSP. CO., Inc., v. GALLAGHER BROS. SAND & GRAVEL CORPORATION et al.

District Court, E. D. New York.

February 7, 1945.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for libellant and Gallagher Brothers Sand & Gravel Corporation

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for respondents-impleaded.

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

GALSTON, District Judge.

The libellant is the owner of the J. G. No. 48, a deck scow, which was chartered by Gallagher Brothers Sand & Gravel Corporation, under the usual harbor charter. The scow was tight, staunch and in all respects seaworthy at the time of the delivery to the respondents, but was damaged when returned. The respondents impleaded the North Shore Sand & Gravel Corporation, the Elmhurst Contracting Company and the tug Henry Henjes.

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