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BEARD'S ERIE BASIN v. O'BRIEN BROS.

No. 259, Docket 20582.

162 F.2d 176 (1947)

BEARD'S ERIE BASIN, Inc., v. O'BRIEN BROS., Inc., et al. O'BRIEN BROS., Inc., v. MORAN TOWING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

May 28, 1947.

Attorney(s) appearing for the Case

Christopher E. Heckman and Foley & Martin, all of New York City, for O'Brien Bros.

Chauncey I. Clark and Burlingham, Veeder, Clark & Hupper, all of New York City (Frederic Conger, of New York City, of counsel), for Moran Towing Corporation.

Nelson J. Johnson and Hagen & Eidenbach, all of New York City, for Beard's Erie Basin, Inc.

Leo F. Hanan, of New York City, for Pittston Stevedoring Corp.

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

PER CURIAM.

Article Four of the libel in the suit of Beard's Erie Basin v. O'Brien Brothers alleged that the scow "was unseaworthy" (presumably when she sank). The answer of O'Brien Brothers denied this allegation and then affirmatively alleged that the scow was seaworthy, when delivered on charter to the Moran Company. In its petition impleading the Moran Company, O'Brien Brothers also alleged — Article Fifth — that the scow was seaworthy when delivered...

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