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

Nos. 7239, 7240.

409 F.2d 917 (1969)

MORAN TOWING CORPORATION, Appellant, v. M. A. GAMMINO CONSTRUCTION COMPANY, Appellee. UNITED STATES of America, f/u/b/o Moran Towing Corporation, Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellee.

United States Court of Appeals First Circuit.

April 9, 1969.

Attorney(s) appearing for the Case

Eugene Underwood, New York City, with whom Robert B. Pohl and Frank L. Wiswall, Jr., New York City, Tillinghast, Collins & Tanner, Providence, R. I., and Burlingham, Underwood, Wright, White & Lord, New York City, were on brief for appellants in Nos. 7239 and 7240.

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 appellee in No. 7239.

Edward F. Hindle, Richard M. Borod and Edwards & Angell, Providence, R. I., on brief for appellee in No. 7240.

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

COFFIN, Circuit Judge.

This is the second appeal to this court from the district court's determination in an action for damages to scows owned by appellant Moran Towing Corporation. The damage occurred while the scows were carrying breakwater stone under a contract with appellee Gammino Construction Company. The facts of this case are set forth in detail in the first district court opinion and in our earlier decision. Moran Towing Corp. v. Gammino Construction Co...

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