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  5. 94 F.Supp. 788 (1951)
 

GALLAGHER BROS. SAND & G. CORP. v. ANTHONY O'BOYLE, INC.

No. A-18330.

94 F.Supp. 788 (1951)

GALLAGHER BROS. SAND & GRAVEL CORPORATION v. ANTHONY O'BOYLE, Inc. et al. THE SEABOARD NO. 9.

United States District Court E. D. New York.

January 4, 1951.

Attorney(s) appearing for the Case

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

Macklin, Speer, Hanan & McKernan, New York City, (Leo F. Hanan, New York City, of counsel), for Anthony O'Boyle, Inc., respondent.

Cohen & McGuirk, New York City, (Francis M. Greene, New York City, of counsel), for The Barrett Company, Inc.,

BYERS, District Judge.

The libellant's scow Seaboard #9 was in good condition on November 22, 1946, when she passed under the usual harbor charter to respondent O'Boyle, and she was returned in damaged condition on December 16, 1946. So much is not in dispute.

During that interval she was taken into custody and control by The Barrett Company, Inc., the impleaded-respondent, pursuant to arrangements made by it with O'Boyle, and the real controversy is as to...

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