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THE CHEROKEE

No. 41.

45 F.2d 150 (1930)

THE CHEROKEE. THE BRIGHT. NORTH & SOUTH SHIPPING CO. et al. v. CHEROKEE-SEMINOLE S. S. CORPORATION.

Circuit Court of Appeals, Second Circuit.

November 17, 1930.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and A. Howard Neely, both of New York City, of counsel), for appellant Cherokee-Seminole S. S. Corporation.

Burnham, Bingham, Gould & Murphy, of Boston, Mass. (Albert T. Gould, of Boston, Mass., of counsel), for appellant Spring Coal Co.

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

On January 19, 1927, after 8 p. m., in foggy weather and a light breeze, the steamship Cherokee collided with the schooner Bright one and a half miles off Barnagat Gas buoy in the Atlantic Ocean. The Bright was bound from Norfolk, Va., to Portland, Me., on a course N. E. ½ E. The Cherokee, loaded with cargo and passengers, left New York, and was bound for Miami, Fla. At about 6:15 p. m. the Bright encountered fog and reduced her sail by...

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