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O'BRIEN BROS. v. UNITED STATES

No. 110, Docket 21157.

171 F.2d 586 (1948)

O'BRIEN BROS., Inc. v. UNITED STATES et al. THE CARBON LIGHT.

United States Court of Appeals Second Circuit.

December 30, 1948.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for libellant-appellee.

John F. X. McGohey, of New York City (Max Taylor, of New York City, of counsel), for respondent-appellee.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan and Martin J. McHugh, both of New York City, of counsel), for respondent-impleaded-appellant.

Before L. HAND, Chief Judge, and CHASE and FRANK, Circuit Judges.

The opinion below is reported in 66 F.Supp. 292.

On March 1, 1944, the United States made an oral agreement with the appellee O'Brien Bros. Inc., for the charter to the United States of the scow Carbon Light. The United States agreed to accept the scow without a captain, and to be responsible for tending the scow while it was loaded with dry sand ballast. The following day, appellant, Turner & Blanchard, Inc., which had been...

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