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HUDSON VALLEY LIGHT. AG. CORP. v. WINDSOR BLDG. & SUP. CO.

No. 496, Docket 35012.

446 F.2d 750 (1971)

HUDSON VALLEY LIGHTWEIGHT AGGREGATE CORP., as owner of the DECK BARGE SOLITE NO. 5, Plaintiff-Appellant, v. WINDSOR BUILDING AND SUPPLY CO., Inc. and TUG CALLANAN NO. 1, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 16, 1971.

Attorney(s) appearing for the Case

Macklin, Hanan & McKernan, New York City (Timothy A. Hanan, New York City of counsel), for plaintiff-appellant.

Joseph Fennelly, Jr., New York City for defendant-appellee, Windsor Building and Supply Co., Inc.

Platow & Lyon, New York City (John P. Rowan, New York City of counsel), for defendant-appellee, Tug Callanan No. 1.

Before HAYS and FEINBERG, Circuit Judges, and CURTIN, District Judge.

CURTIN, District Judge:

The appellant, Hudson Valley Light-weight Aggregate Corp. [Hudson Valley], was the owner of a steel deck barge, Solite No. 5, which Windsor Building and Supply Co., Inc. [Windsor] chartered under an oral contract. These companies were shipping aggregate to a construction site at West Point, New York, with Hudson Valley coordinating the shipping arrangements for both. Hudson Valley engaged the Tug Callanan No. 1, owned and operated by the Callanan...

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