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THE CEDARHURST

Nos. 197, 198.

42 F.2d 139 (1930)

THE CEDARHURST. THE TROJAN.

Circuit Court of Appeals, Second Circuit.

May 12, 1930.

Attorney(s) appearing for the Case

Crowell & Rouse, of New York City (E. Curtis Rouse, of New York City, of counsel), for Steamer Freeport Corporation, claimant-appellant and cross-libelant appellant.

Macklin, Brown, Lenahan & Speer, of New York City (J. Dudley Eggleston, of New York City, of counsel), for Hudson River Navigation Co., libelant-appellee and cross-claimant appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The Cedarhurst, a molasses tanker of 5,030 tons gross register and heavily loaded, was proceeding up the Hudson river. She was followed by the Albany night boat Trojan, a side-wheel steamer of 2,571 tons gross register. The Trojan was running at a speed of about 12 knots per hour on a customary set course of north by west 18 west from a point a little below Haverstraw to a point about 700 or...

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