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SEABOARD SAND & GRAVEL CORP. v. AMERICAN STEVEDORES

No. 68.

151 F.2d 846 (1945)

SEABOARD SAND & GRAVEL CORPORATION v. AMERICAN STEVEDORES, Inc. THE SEABOARD NO. 58.

Circuit Court of Appeals, Second Circuit.

December 5, 1945.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Thomas H. Middleton, of New York City, of counsel), for appellant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The appellee, the owner of the scow Seaboard No. 58, chartered her to the appellant to be used in the removal of sand and slag ballast from the S.S. Para which was berthed on the north side of Pier 22, Brooklyn, N. Y. She was a deck scow 117 feet long with a beam of 36 feet and drew 10 feet. On March 21, 1944, she was delivered to the charterer alongside the Para and the appellant on that day began to discharge the ballast from the Para onto...

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