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F. E. GRAUWILLER TRANSP. CO. v. EXNER SAND & GRAVEL CORP.

Nos. 203, 204, Dockets 20504, 20505.

162 F.2d 90 (1947)

F. E. GRAUWILLER TRANSP. CO., Inc., v. EXNER SAND & GRAVEL CORPORATION et al. EXNER SAND & GRAVEL CORPORATION v. GALLAGHER BROS. SAND & GRAVEL CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 4, 1947.

Attorney(s) appearing for the Case

James E. Freehill, and Reid, Cunningham & Freehill, all of New York City (Renato C. Giallorenzi, of New York City, of counsel), for appellant.

Edmund F. Lamb and Purdy & Lamb, all of New York City, for Exner Sand & Gravel Corporation.

Christopher E. Heckman, and Foley & Martin, all of New York City, for Gallagher Brothers Sand & Gravel Corporation.

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

L. HAND, Circuit Judge.

Judge Galston's opinion in the district court is reported,1 and to it we may, and do, refer for a statement of the pleadings and an outline of the facts. We shall make it the basis of our discussion, and proceed at once to the disputed questions.

Although the judge found the scow seaworthy when her owner delivered her to the charterer in December, 1942, he made no finding on that issue as of the time she...

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