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O'DONNELL TRANSP. CO. v. M. & J. TRACY

No. 354.

150 F.2d 735 (1945)

O'DONNELL TRANSP. CO., Inc., v. M. & J. TRACY, Inc. THE RENO. THE ROSE REICHERT.

Circuit Court of Appeals, Second Circuit.

July 10, 1945.

Attorney(s) appearing for the Case

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for appellant Reichert Towing Line, Inc., claimant of the Rose Reichert.

Purdy & Lamb, of New York City (Edmund F. Lamb, of New York City, of counsel), for O'Donnell Transp. Co., Inc., libellant-appellee.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for M. & J. Tracy, Inc., respondent-appellee.

Dow & Symmers, of New York City (Joseph M. Brush, of New York City, of counsel), for Public Fuel Service, Inc., respondent-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The libellant, the charterer and operator of the barge Reno, entered into an oral subcharter with M. & J. Tracy, Inc., in the usual harbor charter form, whereby Tracy agreed to receive the Reno on charter at a daily rate of hire until Tracy should return her light within the limits of the New York Harbor in as good condition as when received, ordinary wear and tear excepted. When the barge was delivered to Tracy by the libellant...

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