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CLEARY BROTHERS v. CHRISTIE SCOW CORPORATION

No. 239, Docket 21300.

176 F.2d 370 (1949)

CLEARY BROTHERS v. CHRISTIE SCOW CORPORATION (AMERICAN PRESIDENT LINES, LIMITED, Impleaded). The CLEARY BROS. NO. 78.

United States Court of Appeals Second Circuit.

Decided July 22, 1949.

Attorney(s) appearing for the Case

Christopher E. Heckman, New York City (Foley & Martin and Edward J. Ryan, New York City, on the brief), for appellant.

Joseph A. Calamari, New York City (Alexander & Ash and Sidney A. Schwartz, New York City, on the brief), for appellees.

Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.

SMITH, District Judge.

The appellant, owner of the scow "Cleary Bros. No. 78," filed a libel against Christie Scow Corporation for damage to the scow while chartered by Christie Scow Corporation. Christie Scow Corporation impleaded American President Lines, Ltd., alleging charter and delivery in good condition to American President Lines, Ltd. and damage while chartered to American President Lines, Ltd., due to the negligence...

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