The Penn Fuel

WOOLSEY, District Judge.

This motion is denied.

The libel, which forms the background of this proceeding, was filed on behalf of underwriters by the Payne Coal Company, Inc.— hereinafter referred to as the cool company— as owner of a cargo of coal, to recover $750 for damage claimed to have been suffered by the coal while on board the barge Penn Fuel.

The parties to the proceeding, which is really independent of the libel, are, on the one side, the coal company and, on the other, Louis H. Rowe, Esq., who has been a member in good standing of the bar of this court since June 3, 1902.

The motion is…