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RED STAR BARGE LINE, INC. v. LIZZA ASPHALT CONST. CO.

No. 127, Docket 25279.

264 F.2d 467 (1959)

RED STAR BARGE LINE, INC., as owner of THE SEABOARD NO. 60, Libelant-Appellee, v. LIZZA ASPHALT CONSTRUCTION CO., Inc., Respondent-Appellant, and New York Trap Rock Corporation, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided February 26, 1959.

Attorney(s) appearing for the Case

William Warner, New York City (Symmers, Fish, Warner & Nicol, New York City, on the brief), for appellant Lizza.

Edward J. Ryan, New York City (Foley & Martin, New York City), for appellee, Red Star Barge Line, Inc.

Henry C. Eidenbach, New York City (Hill, Rivkins, Middleton, Louis & Warburton, New York City, on the brief), for appellee, New York Trap Rock Corp.

Before MEDINA, LUMBARD and BURGER, Circuit Judges.

BURGER, Circuit Judge.

This is an appeal from a judgment for libelant for damages to its Barge No. 60 sustained while tied up and under appellant's control. Four other barges were also moored to the same side of the pier, some following and others awaiting discharge of cargo. Appellant's employees moved Barge No. 60 out from the pier, while it was still fully loaded, to make room at the hopper for another barge to discharge cargo, putting two barges between No. 60...

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