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LEHIGH C. & NAV. CO. v. COMPAGNIE GÉNÉRALE TRANSATLANTIQUE

No. 271.

12 F.2d 337 (1926)

LEHIGH COAL & NAVIGATION CO. v. COMPAGNIE GÉNÉRALE TRANSATLANTIQUE et al. LA FRANCE. THE NATHANIEL P. DOANE.

Circuit Court of Appeals, Second Circuit.

May 3, 1926.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (T. Catesby Jones, of New York City, of counsel), for libelant.

Stephen A. D. Jones, of New York City, for the Doane.

Joseph P. Nolan, Blodgett, Jones, Burnham & Bingham, and Macklin, Brown & Van Wyck, all of New York City, for La France.

Before HOUGH, MANTON, and HAND, Circuit Judges.

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

The facts, as found by Ward, Circuit Judge, in the court below, we fully accept, and shall not go over them further. Accordingly we shall assume that Doane first blew the two-whistle signal, proposing in what is technically a "narrow channel" to pass starboard to starboard a vessel approaching end on or nearly so. Furthermore, the reason why Doane wished to get to the port side of the channel was that her tow...

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