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F. E. GRAUWILLER TRANSPORTATION CO. v. THE JEANNE

Nos. 212-214, Dockets 23827-23829.

229 F.2d 153 (1956)

F. E. GRAUWILLER TRANSPORTATION CO., Inc., Libellant-Appellee, v. THE Scow JEANNE and Charles J. King, et al., Respondents-Appellants. RODERMOND INDUSTRIES, Inc., Libellant-Cross-Appellant, v. THE Scow JEANNE and Charles J. King, Inc., et al., Respondents-Appellants, and F. E. Grauwiller Transportation Co., Inc., Respondent-Appellee. Joseph P. ELLIOTT, Libellant-Appellant, v. THE Scow JEANNE and F. E. Grauwiller Transportation Co., Inc., et al., Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided January 26, 1956.

Attorney(s) appearing for the Case

Frank C. Mason, New York City (Mahar & Mason, New York City, on the brief), for appellee F. E. Grauwiller Transportation Co., Inc.

Thomas K. Roche, New York City (Haight, Gardner, Poor & Havens and Robert M. Julian, New York City, on the brief), for appellant Rodermond Industries, Inc.

Gerald J. McKernan, New York City (Macklin, Speer, Hanan & McKernan, Charles J. Carroll, Jr., and James N. Allan, New York City, on the brief), for appellants Joseph P. Elliott, Charles J. King, Inc., and Charles J. King.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.

PER CURIAM.

In the sharp conflict of testimony which developed below, Judge Bruchhausen, who saw and heard the witnesses, makes clear that he believed Searfoss, president of libellant F. E. Grauwiller Transportation Co., Inc., the original owner of the Scow Jeanne — the casus belli here — and disbelieved Elliott, who was a volunteer seeking authorization for the repairs he was having made to the vessel after its wreck in New York bay in the November...

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