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STAPLES v. ACE BUILDERS SUPPLY CO.

No. 49, Docket 25063.

262 F.2d 295 (1959)

Alva S. STAPLES, owner of the scow The WILMER S. NICKERSON and her cargo, Libelant-Appellant, v. ACE BUILDERS SUPPLY CO., Inc., Respondent-Appellee and Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided January 7, 1959.

Attorney(s) appearing for the Case

John C. Hart, of Macklin, Speer, Hanan & McKernan, New York City, for Alva S. Staples, appellant.

James McGarry, New York City (Michael F. Whalen, of Kirlin, Campbell & Keating, New York City, on the brief), for Ace Builders Supply Co., Inc., appellee and cross-appellant.

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

CLARK, Chief Judge.

On the evening of November 7, 1953, the scow The Wilmer S. Nickerson, fully laden with brick, sank at her berth in the yard of respondent Ace Builders Supply Co., Inc. Libelant Staples, owner of the scow and the cargo of bricks aboard her, brought libels in admiralty for damages to both upon the theory that Ace had violated its duty to provide a safe berth. Ace cross-libeled for expenses it incurred in helping to salvage the brick and for the loss...

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