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PENNSYLVANIA RAILROAD CO. v. McALLISTER LIGHTER. LINE

No. 75, Docket 24088.

240 F.2d 423 (1957)

The PENNSYLVANIA RAILROAD COMPANY, Libelant-Appellee, v. McALLISTER LIGHTERAGE LINE, Inc., Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 8, 1957.

Attorney(s) appearing for the Case

Edmund F. Lamb, New York City (Purdy, Lamb & Catoggio, New York City, on the brief), for respondent-appellant.

Eugene Underwood, New York City (Burlingham, Hupper & Kennedy and Richard W. Palmer, New York City, on the brief), for libelant-appellee.

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

PER CURIAM.

In this case libelant, as charterer of a barge, has recovered indemnity from respondent, the owner of the barge, for the amount it has paid in settlement of an action for personal injuries in a New York state court brought by a longshoreman engaged in unloading of adjacent barges and injured by going through a hole in the defective deck of this barge as he stepped upon it. Respondent had furnished the barge and a bargee continuously for a year under the...

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