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THE SEA KING

No. 34.

29 F.2d 5 (1928)

THE SEA KING. THE NANTICOKE.

Circuit Court of Appeals, Second Circuit.

November 19, 1928.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin and Edward E. Elder, both of New York City, of counsel), for appellant Neptune Line, Inc.

Bigham, Englar & Jones, of New York City (C. W. Hagen, of New York City, of counsel), for appellee P. Dougherty Co.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

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

There can be little doubt that the barges were anchored in a safe place. The testimony is all to the effect that barges have constantly been anchored there, and in the United States Coast Pilot it is said as to Newport Harbor that in the outer harbor "the anchorage is anywhere westward of Goat Island and the breakwater extending northward from it. * * *" The barges were all strong seagoing vessels...

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