Opinion
No. 233.
February 16, 1931.
Appeal from the District Court of the United States for the Southern District of New York.
Libel by the C.F. Harms Company, as managing owner of the deck scow Sculptor, against the New York Trap Rock Corporation, wherein the Raritan Mercantile Company, Cornell Contracting Corporation, the steam tug Numatic, her engines, etc., claimed by the Tice Towing Line, Inc., were impleaded. From a decree awarding libelant damages and costs against New York Trap Rock Corporation and dismissing the petition of the New York Trap Rock Corporation against the Raritan Mercantile Company, with costs, and dismissing the libel and petition of the Raritan Mercantile Company impleading Cornell Contracting Corporation, with costs, against New York Trap Rock Corporation, and dismissing the libel and petition of New York Trap Rock Corporation impleading the steam tug Numatic, etc., and Tice Towing Line, Inc., claimant, with costs, against New York Trap Rock Corporation, the respondent New York Trap Rock Corporation appeals.
Modified, and, as modified, affirmed.
Park, Mattison Lynch, of New York City (Anthony V. Lynch, Jr., and John K. Hartley, both of New York City, of counsel), for The Numatic and Tice Towing Line, Inc.
Frederick W. Park, of New York City, for appellant.
William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for Raritan Mercantile Co.
Leubuscher, Kayser Oliver, of New York City (John A. Lyon, of New York City, of counsel), for Cornell Contracting Corporation.
Macklin, Brown, Lenahan Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for C.F. Harms Co.
Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
In the procedure below, the Raritan Mercantile Company impleaded the Cornell Contracting Corporation, and therefore the costs awarded to the Cornell Contracting Corporation may not be taxed against the appellant, but the costs allowed the Cornell Contracting Corporation will be taxed against the Raritan Mercantile Company.
As thus modified, the decree is affirmed.