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BERWIND-WHITE COAL MINING CO. v. CENTRAL COAL CO.

81 F.Supp. 655 (1948)

BERWIND-WHITE COAL MINING CO., Inc. v. CENTRAL COAL CO., Inc. THE EUREKA NO. 31. THE PITTSBURGH.

United States District Court S. D. New York.

October 18, 1948.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for libelant.

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for respondent.

Burlingham, Veeder, Clark & Hupper, of New York City (Jas. J. Conran, of New York City, of counsel), for claimant.

KENNEDY, District Judge.

On July 13, 1944, libelant's barge Eureka #31 was the off-shore vessel in a tier of four coal barges1 moored to a dock, belonging to Central Coal Co., Inc. (Central) at West 30th Street and the North River. Eureka #31 at that time was fully laden witth coal. She was lying with her stern up stream. On her port side was the barge McLain No. 2. Just in shore of the latter was the barge McLain No. 6. The in-shore barge...

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