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DAVIS v. MOLYNEAUX

7 F.2d 172 (1925)

DAVIS, Director General of Railroads, v. MOLYNEAUX.

District Court, S. D. New York.

May 29, 1925.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Thomas H. Middleton, of New York City, of counsel), for libelant.

Macklin, Brown & Van Wyck, of New York City (Horace L. Cheyney, of New York City, of counsel), for respondent.

THACHER, District Judge (after stating the facts as above).

No authority has been cited in which counsel fees and disbursements incurred in the unsuccessful defense of one of two offending vessels have been divided in a suit to recover half damages against the other vessel in fault, nor has the court been able to find any such authority. As the learned commissioner states in his report, the case seems to be one of first impression in the admiralty courts.

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