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NOLTE v. HUDSON NAV. CO.

No. 77.

16 F.2d 182 (1926)

NOLTE et al. v. HUDSON NAV. CO. et al.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.

Attorney(s) appearing for the Case

George P. Nicholson, of New York City (Isaac F. Cohen, of New York City, of counsel), for appellant.

Kenneth K. Mackenzie and Geller, Rolston & Blanc, all of New York City (Mansfield Ferry, of New York City, John J. McManus, of Albany, N. Y., and Irving G. Idler, of New York City, of counsel), for appellees.

Before HOUGH, HAND, and MACK, Circuit Judges.

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

The case is barren of any evidence of the company's occupation before 1898, except for the report of the engineer. That, however, seems to us evidence of the truth of what it declares, though, of course, it was not a conclusive interpretation of the contract. It was the report of an official, made in the course of his duties, of matters which came under his personal knowledge, and which he was charged with the...

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