INTERNATIONAL MILLING CO. v. BROWN STEAMSHIP CO.

No. 34, Docket 25131.

264 F.2d 803 (1959)

INTERNATIONAL MILLING COMPANY, Appellee, v. BROWN STEAMSHIP COMPANY, Appellee, Great Lakes Towing Company, Appellant, Wayne Steamship Co., Inc., Appellant.

United States Court of Appeals Second Circuit.

Decided March 17, 1959.


Attorney(s) appearing for the Case

Arthur E. Otten, Buffalo, N. Y., for Great Lakes Towing Co.

James P. Heffernan, Buffalo, N. Y., for Brown S. S. Co.

William M. Connelly, Buffalo, for International Milling Co.

Russell V. Bleecker, Cleveland, Ohio, for Wayne S. S. Co.

Before HAND, HINCKS and WATERMAN, Circuit Judges.


HAND, Circuit Judge.

The libellant has filed a petition for rehearing, asking us to decide whether the ship "McAlpine" was liable to the libellant for the injury to the "legs" of the elevator, while the "Gallagher" and the "Oklahoma" were passing. We concluded our opinion of November 18, 1958 (2 Cir., 261 F.2d 133), by refusing to consider that question under the ancient doctrine that an appeal in admiralty is a trial de novo,...

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