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CLYDE S. S. CO. v. UNITED STATES

No. 342.

27 F.2d 727 (1928)

CLYDE S. S. CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 2, 1928.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for appellant.

Charles H. Tuttle, 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.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

This libel is filed pursuant to a special act of Congress passed for the relief of the appellant on February 16, 1925. On December 13, 1917, at about 9 p. m., the destroyer McCall dropped her anchor in 14 fathoms of water below the Narrows in New York Harbor and near the center of the channel. The wind was east or northeast, with a force of about 23 to 28 miles an hour. She was lying to 60 fathoms of chain, which is about 4 feet of chain to...

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