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MORAN TOWING CORP. v. M. A. GAMMINO CONSTRUCTION CO.

No. 6630.

363 F.2d 108 (1966)

MORAN TOWING CORPORATION et al., Appellants, v. M. A. GAMMINO CONSTRUCTION CO. et al., Appellees.

United States Court of Appeals First Circuit.

Decided June 27, 1966.

Attorney(s) appearing for the Case

Eugene Underwood, New York City, with whom Robert W. Meserve, Boston, Mass., Robert B. Pohl, New York City, Nutter, McClennen & Fish, Boston, Mass., and Burlingham, Underwood, Barron, Wright & White, New York City, were on brief, for appellants.

Donald M. Waesche, Jr., New York City, with whom Claude R. Branch, Providence, R. I., Louis P. Sheinbaum and Bigham, Englar, Jones & Houston, New York City, were on brief, for M. A. Gammino Const. Co., appellee.

Edward F. Hindle, Providence, R. I., with whom Ronald R. Lagueux, Richard M. Borod and Edwards & Angell, Providence, R. I., were on brief, for Hartford Accident & Indemnity Co., appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an action for damages suffered by appellant Moran Towing Corporation's two dump scows while carrying breakwater stone pursuant to a contract with appellee M. A. Gammino Construction Company. Gammino loaded the scows, but Moran supplied the dumper captains, and a tug and crew for operating the equipment. The scows required extensive repair at the end of the service. The case was tried to the court, and resulted in a determination of no...

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