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METROPOLITAN COAL CO. v. HOWARD

No. 280.

155 F.2d 780 (1946)

METROPOLITAN COAL CO. v. HOWARD.

Circuit Court of Appeals, Second Circuit.

June 5, 1946.

Attorney(s) appearing for the Case

Edmund J. Lamb and Purdy & Lamb, all of New York City, for appellant.

Albert T. Gould and Bingham, Dana & Gould, all of Boston, Mass., and Kirlin, Campbell, Hickox & Keating, of New York City, for appellee.

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

L. HAND, Circuit Judge.

This appeal is from a decree in the admiralty entered upon the claim of the Metropolitan Coal Company in a proceeding for limitation of liability by Thomas J. Howard, as owner of the "box barge," Thomas H. O'Leary. The question is how far Howard is liable for the loss of a cargo of coal owned by the claimant, when the barge, which carried it, foundered in Block Island Sound on December 4, 1940, about two miles west of the entrance to the Point...

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