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THE CAPE FRANKLIN

39 F.2d 971 (1929)

THE CAPE FRANKLIN. THE B. F. GUINAN. THE ASHBOURNE.

District Court, E. D. New York.

May 3, 1929.

Attorney(s) appearing for the Case

Bigham, Englar & Jones and Andrew J. McIlhenney, both of New York City, for libelant.

John R. McMullen, of New York City, for the B. F. Guinan.

Macklin, Brown, Lenahan & Speer and Paul Speer, both of New York City, for the Ashbourne.

INCH, District Judge.

The coal boat Cape Franklin was injured on April 18, 1924, by a collision, about 2 o'clock in the afternoon, with the barge Guinan. The tug Ashbourne had tied up both of these boats. Libelant, owner of the Cape Franklin, has sued both the Guinan and the tug.

The master of the Guinan was not produced as a witness. The testimony of the master of the Cape Franklin was offered in the form of a deposition...

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