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THE SEABOARD NO. 25

No. A-17013.

68 F.Supp. 169 (1947)

THE SEABOARD NO. 25. SEABOARD SAND & GRAVEL CORPORATION v. ELMHURST CONTRACTING CO., Inc., et al.

District Court, E. D. New York.

Decree Affirmed February 4, 1947.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher Heckman, of New York City, of counsel), for libelant and respondent impleaded.

Burlingham, Veeder, Clark & Hupper, of New York City (Charles E. Wythe, of New York City, of counsel), for respondent

KENNEDY, District Judge.

Libelant, Seaboard Sand & Gravel Corporation (Seaboard), said originally that prior to October 26, 1943,1 it chartered its deck scow Seaboard No. 25 "through Christie Scow Corporation" (Christie) to the respondent Elmhurst Contracting Co., Inc. (Elmhurst). The libel alleges that on December 1, 1943, the scow was returned in damaged condition, and that this was not the result of ordinary wear and tear. Elmhurst...

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