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THE LEHIGH VALLEY NO. 142

Nos. 281, 282.

35 F.2d 707 (1929)

THE LEHIGH VALLEY NO. 142. THE D. F. McALLISTER. THE SENECA. THE N. Y. B. NO. I.

Circuit Court of Appeals, Second Circuit.

July 22, 1929.

Attorney(s) appearing for the Case

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

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for appellee Augustus Mackenzie, Jr.

William F. Purdy, of New York City, for other appellees.

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

SWAN, Circuit Judge (after stating the facts as above).

The foregoing facts are established without substantial dispute, but there is a sharp conflict in the testimony as to just where the first collision occurred and what caused it. The Seneca's story is that she was close to the outer corner of Pier 33, with her tow straight behind her, when she blew her one-blast signal to the McAllister, which was then 200 to 250 feet out in the river and headed down stream, the...

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