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THE PROMETHEUS

14 F.2d 686 (1926)

THE PROMETHEUS. THE MARACAIBO. ATLANTIC & CARIBBEAN STEAM NAV. CO. v. UNITED STATES.

District Court, S. D. New York.

April 5, 1926.

Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., of New York City (Charles E. Wythe, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Haight, Smith, Griffin & Deming, of New York City (Clarence Smith, of New York City, and J. McKeon, Jr., of counsel), for libelant Atlantic & Caribbean Steam Nav. Co.

AUGUSTUS N. HAND, District Judge.

The Prometheus was proceeding up the deep water range in the East River, New York harbor, to the Navy Yard. She saw the Maracaibo coming down, blew her two whistles, and, though at first receiving no answer went to port for the purpose of passing between the Maracaibo and the New York shore. This is all evident from the story of the government's own witnesses. Thereafter, according to the story of the Prometheus, the Maracaibo blew...

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