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CRAIN BROTHERS, INC. v. WIEMAN AND WARD COMPANY

Nos. 11534, 11535, 11545, 11546.

223 F.2d 256 (1955)

CRAIN BROTHERS, Inc., a Corporation, Etc., Libellant, Appellant, v. WIEMAN and WARD COMPANY, a Corporation, Respondent (Union Barge Line Corporation, a Corporation, Third Party Respondent). WIEMAN and WARD COMPANY, a Corporation, Libellant, v. UNION BARGE LINE CORPORATION, a Corporation, Respondent (Crain Brothers, Inc., a Corporation, Third Party Respondent, Appellant). CRAIN BROTHERS, Inc., Libellant, v. WIEMAN and WARD COMPANY, Respondent, (Union Barge Line Corporation, Third Party Respondent, Appellant). WIEMAN and WARD COMPANY, Libellant, v. UNION BARGE LINE CORPORATION, Respondent, Appellant, (Crain Brothers, Inc., Third Party Respondent).

United States Court of Appeals Third Circuit.

Decided June 8, 1955.

Attorney(s) appearing for the Case

Harland I. Casteel, Pittsburgh, Pa., (Campbell, Houck & Thomas, Pittsburgh, Pa., on the brief), for Crain Brothers, Inc.

John R. Bredin, Pittsburgh, Pa. (Dalzell, Pringle, Bredin & Martin, Pittsburgh, on the brief), for Union Barge Line Corp.

J. Wray Connolly, Ira R. Hill, Pittsburgh, Pa., (Reed, Smith, Shaw & McClay, and W. S. Moorhead, Jr., Wm. F. Swanson, Jr., Moorhead & Knox, Pittsburgh, Pa., on the brief), for Wieman & Ward Co.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In August 1950, Crain Brothers, Inc., was the owner of two steel hopper barges which the district court found it leased to Union Barge Line Corporation. The court further found that Union agreed to and did transport coal by means of those barges for the Wieman and Ward Company, a wholesale coal dealer, from Huntington, West Virginia. En route to Pittsburgh, Pennsylvania the barges sank in the Ohio River, the first (No. 330) on August 17...

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