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McGEE v. DAVIS

No. 272.

6 F.2d 959 (1925)

McGEE v. DAVIS, Director General of Railroads.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

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

Thomas Cooper Byrnes, of New York City, for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

Appellee, owner of the barge Ida, contracted with the Director General of Railroads for the towage of a barge from Port Reading to Ninety-Sixth street, East River. She was consigned to 119th street, East River. The tug Bern, under the agency of the Director General, towed the barge to Ninety-Sixth street, as agreed upon, and made it fast there. At that time no protest against her being left at this point was made, nor was claim made that she...

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