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BERWIND-WHITE COAL MINING CO. v. PITNEY

No. 153, Docket 21877.

187 F.2d 665 (1951)

BERWIND-WHITE COAL MINING CO. v. PITNEY et al. THE EUREKA NO. 110. THE ST. CHARLES.

United States Court of Appeals Second Circuit.

Decided March 20, 1951.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, New York City, Chauncey I. Clark, Frederic Conger, New York City, of counsel, for Berwind-White Coal Mining Co.

John J. McElhinny, New York City, for Shelton Pitney and Walter P. Gardner, as Trustees of Central R. Co. of New Jersey.

Irving H. Saypol, U. S. Atty., Leo J. Curran, New York City, for United States.

Macklin, Speer, Hanan & McKernan, New York City, Gerald J. McKernan, Martin J. McHugh, New York City, of counsel, for Tracy Towing Line, Inc. and Allen N. Spooner & Son, Inc.

Pyne, Lynch & Smith, and Warner Pyne, all of New York City, for Amboy Tow-Boats, Inc.

Foley & Martin, New York City, Christopher E. Heckman, New York City, of counsel, for Cleary Bros.

Before CHASE, CLARK and FRANK, Circuit Judges.

CHASE, Circuit Judge.

On November 15, 1944, at about half past nine in the evening, the loaded coal barge Eureka No. 110, owned by the appellant Berwind-White Coal Mining Company, was at Pier 18, Communipaw, New Jersey and was leaking so badly that she was in danger of sinking. The pier was owned by the Trustees of The Central Railroad Company of New Jersey, herein called the railroad, and a tug of the railroad then tried to beach her on some nearby mud flats but...

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