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THE R. J. MORAN

Nos. 98, 99.

9 F.2d 617 (1925)

THE R. J. MORAN. THE N. Y. MARINE NO. 2.

Circuit Court of Appeals, Second Circuit.

December 7, 1925.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (William J. Martin, and George V. A. McCloskey, both of New York City, of counsel), for appellant.

Barry, Wainwright, Thacher & Symmers, of New York City (Earle Farwell, of New York City, of counsel), for appellee N. Y. Marine No. 2.

Edward Ash, of New York City, for the J. K. Mitchell.

Macklin, Brown & Van Wyck, of New York City (Paul Speer, of New York City, of counsel), for appellee Derby.

Before HOUGH, HAND, and MACK, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

As soon as she entered the broader waters of the East River, Moran intended to swing the schooner and tow her in the usual manner on a hawser astern. The No. 2, being bound to a wharf at the very mouth of the creek, intended to swing her tow so that she could land against the flood tide. This was clearly a case of special circumstances, within The John Rugge, 234 F. 861...

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