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THE MERCURY

No. 1702.

2 F.2d 325 (1924)

THE MERCURY.

Circuit Court of Appeals, First Circuit.

November 11, 1924.

Attorney(s) appearing for the Case

Edward E. Blodgett, of Boston, Mass. (Foye M. Murphy and Blodgett, Jones, Burnham & Bingham, all of Boston, Mass., on the brief), for appellant.

W. J. Martin, of New York City (John T. Batchelder, of Boston, Mass., and George V. A. McCloskey and Foley & Martin, all of New York City, on the brief), for appellee.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

This admiralty appeal challenges the District Court's conclusion (The Mercury, 291 F. 797) that the tug Mercury was not at fault for the loss of the barge Dunmore, which foundered about a mile off Minot's Light on December 21, 1921, with the loss of three lives and the cargo now sued for.

The tug and tow left New London early in the morning of December 20, 1921, bound for Boston via the Cape Cod Canal. The barge was a flat-bottomed...

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