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BOUKER CONTRACTING COMPANY v. STEAM TUG P. R. R. NO. 35, HER ENGINES, ETC.

No. 232.

5 F.2d 1012 (1925)

BOUKER CONTRACTING COMPANY, Libelant Appellee, v. Steam Tug P. R. R. No. 35, Her Engines, etc.; Pennsylvania Railroad Company, Claimant Appellant.

Circuit Court of Appeals, Second Circuit.

March 2, 1925.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, Chauncey I. Clark, and Ralph W. Brown, all of New York City, for claimant appellant.

Foley & Martin, James A. Martin, and Geo. V. A. McCloskey, all of New York City, for libelant appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge.

Before daylight on the morning of September 17, 1920, libelant's tug No. 3 was making up a tow of two dumpers lying at the end of Pier 41, a little below Red Hook. At the same time the No. 35 with a helper tug and tow of 21 boats came up the bay, intending to fasten the tow at a pier end, for distribution. The tide was ebb, but still slack along the pier ends. The helper tug cast off, and No. 35 slowly pulled her tow in towards Pier 40, where...

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