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HOLMES v. CITY OF NEW YORK

No. 146.

30 F.2d 366 (1929)

HOLMES v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

George P. Nicholson, Corp. Counsel, of New York City (Charles J. Carroll and William J. Leonard, both of New York City, of counsel), for appellant.

Purrington & McConnell, of New York City (Frank J. McConnell and James D. Brown, both of New York City, of counsel), for appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

This is a libel for salvage. There was a fire on Pier No. 46, East River, in the city of New York, which started in the middle of the night in some paper and refuse. A wind was blowing from the northwest, which blew the burning paper on the scow Robert J., which lay at the bulkhead and along the south side of the pier, and set the scow on fire. The dumper D. S. C. T., belonging to the city of New York, lay further out on the south...

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