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F. E. GRAUWILLER TRANSP. CO. v. GALLAGHER BROS. S. & G. CORP.

No. 122, Docket 21125.

173 F.2d 708 (1949)

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

United States Court of Appeals Second Circuit.

April 5, 1949.

Attorney(s) appearing for the Case

Max Rockmore, of New York City for appellant Thomas Henry Material Co.

William M. Smith, Foley & Martin, Alexander & Ash, and Gerald E. Dwyer, all of New York City, for appellees.

Christopher Heckman, of New York City, for appellee Gallagher Bros. Sand & Gravel Corporation.

Edward Ash, of New York City (Sidney A. Schwartz, of New York City, of counsel), argued for appellee Shamrock Towing Co.

Gerald E. Dwyer, of New York City, for appellee New York Central R. Co.

BEFORE L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

L. HAND, Chief Judge.

The Thomas Henry Material Company appeals from a decree in the admiralty, holding it primarily liable for the sinking of the libellant's deck scow, Sherlie, on April 11, 1946, while moored off Pier 15, West New York, New Jersey. The libellant, owner of the scow, sued the Gallagher Sand & Gravel Corporation, the charterer; that corporation brought in the Shamrock Towing Company, Inc., whose tug had left the scow at the pier, and the Shamrock...

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