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EXNER SAND & G. CORP. v. GALLAGHER BROS. S. & G. CORP.

No. 265, Docket 20177.

157 F.2d 291 (1946)

EXNER SAND & GRAVEL CORPORATION v. GALLAGHER BROS. SAND & GRAVEL CORPORATION. THE HENRY E. Petition of STEVENS. THE WRESTLER.

Circuit Court of Appeals, Second Circuit.

September 10, 1946.

Attorney(s) appearing for the Case

Purdy & Lamb, of New York City, for Exner Sand & Gravel Corporation.

Krisel & Beck, of New York City, for Stanley Stevens.

Foley & Martin, of New York City, for Gallagher Bros. Sand & Gravel Corporation.

Before SWAN, CLARK, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

This litigation grows out of the stranding of the scow "Henry E" on a submerged rock while it was being towed up the Rahway River by the tug "Wrestler."

Exner Sand & Gravel Corporation, as owner, filed a libel in the usual charter form against Gallagher Brothers Sand & Gravel Corporation to recover for the damage occasioned to the scow when it struck. Thereupon, and before Gallagher Brothers answered, the owner and master of...

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