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SMITH SCOW CORP. v. CONSOLIDATED IRON & METAL CO.

No. 211, Docket 25934.

275 F.2d 367 (1960)

SMITH SCOW CORP., as owner of THE scow FRED SMITH, Libellant-Appellant, v. CONSOLIDATED IRON & METAL CO., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 9, 1960.

Attorney(s) appearing for the Case

Frank C. Mason, Mahar & Mason, New York City, for libellant-appellant.

Robert E. Curran, New York City, for respondent-appellee.

Before MOORE, Circuit Judge, and SMITH and HERLANDS, District Judges.

J. JOSEPH SMITH, District Judge.

This is an appeal in admiralty from a final decree entered in the District Court for the Southern District of New York dismissing the libel upon findings of fact and conclusions of law made by Judge Palmieri. The libel claimed damages for twisting of a scow and damage to its bottom claimed to have been sustained by grounding at respondent's Newburgh dock, where it was loaded with scrap iron for delivery to New York City.

Libellant...

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