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SEGRAVE TRANSP. CO. v. ESKAY COAL & FUEL CO.

No. 240, Docket 22657.

205 F.2d 257 (1953)

SEGRAVE TRANSP. CO., Inc. v. ESKAY COAL & FUEL CO., Inc.

United States Court of Appeals Second Circuit.

Decided June 16, 1953.

Attorney(s) appearing for the Case

Gerald J. McKernan, New York City, Macklin, Speer, Hanan & McKernan, New York City (James N. Allan, New York City, of counsel), for Etco Lighterage Corp.

Selig Kaplan, Brooklyn, N. Y., for Eskay Coal & Fuel Co., Inc.

James D. Brown, New York City, Purrington & McConnell, New York City (Frank J. McConnell, New York City, of counsel), for Lloyd Brasileiro.

Henry C. Eidenbach, New York City, Hagen & Eidenbach, New York City (Richard A. Hagen, New York City, of counsel), for the libelant.

Before L. HAND, CHASE and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

The libelant, which owns the barge, Elliott, sued the Eskay Coal & Fuel Co. Inc. to which it had chartered the barge for damage done to her in the slip between Piers 7 and 8 of the Bush Terminal, Brooklyn. This damage was caused because on October 11, 1946, the Elliott and the lighter, Terbell, owned by the Etco Lighterage Corporation, were left alongside each other in the slip upon an ebb tide, with less than five feet between them. That...

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