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NEW YORK CINDERS DELIVERY CO. v. BUSH TERMINAL CO.

No. 110, Docket 21483.

178 F.2d 748 (1949)

NEW YORK CINDERS DELIVERY CO., Inc. v. BUSH TERMINAL CO. The SCOW 14.

United States Court of Appeals Second Circuit.

Decided January 3, 1950.

Attorney(s) appearing for the Case

Platow & Lyon, New York City, proctors for appellant, Bush Terminal Company; Edward F. Platow, New York City, advocate.

Lawrence W. Silverman, New York City, proctor for appellee, New York Cinders Delivery Co., Inc., owner of Scow 14; George M. Golden, New York City, advocate.

Before AUGUSTUS N HAND, CHASE and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The libellant brought this suit in admiralty to recover damages for injury to its scow No. 14 through the alleged negligence of the respondent, Bush Terminal Company. The court below granted an interlocutory decree in favor of the libellant and referred the case to a Commissioner to report the amount of the damages. We think the evidence was insufficient to support the libellant's claim and that the decree must be reversed and the...

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