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SEABOARD SAND & GRAVEL CORPORATION v. ELMHURST CONTRACTING CO.

No. 157, Docket 20446.

159 F.2d 860 (1947)

SEABOARD SAND & GRAVEL CORPORATION v. ELMHURST CONTRACTING CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 4, 1947.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark, Charles E. Wythe, and William S. Stuhr, Jr., all of New York City, of counsel), for Elmhurst Contracting Company, Inc., respondent-appellant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for Seaboard Sand & Gravel Corporation, as owner of deck scow Seaboard No. 25, libellant-appellee, and for Christie Scow Corporation, respondent-impleaded-appellee.

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

PER CURIAM.

Seaboard Sand & Gravel Corporation filed a libel in the District Court for the Eastern District of New York alleging that it had "through Christie Scow Corporation" chartered the deck scow Seaboard No. 25 to respondent Elmhurst, that the scow was returned to libellant in a damaged condition due to negligence on the part of the respondent. The answer admitted the redelivery in damaged condition but alleged that the damage was caused by a storm of unpredicted...

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