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THE NEW YORK CENTRAL NO. 3

No. 354.

42 F.2d 207 (1930)

THE NEW YORK CENTRAL NO. 3. THE LILLIAN.

Circuit Court of Appeals, Second Circuit.

June 9, 1930.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Edmund F. Lamb, of New York City, of counsel), for appellant.

Bigham, Englar, Jones & Houston, of New York City (A. J. McElhinney and L. J. Matteson, both of New York City, of counsel), for appellee New York Cent. R. Co.

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for appellee Harry Shanks.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

The collision occurred about 5:30 p. m. on November 5, 1926, off the end of Pier 24 in the North River. The Lillian picked up the barge Atlantic No. 54 on the north side of Pier 25 and placed her close under the stern of another barge which lay at the end of said pier, headed down stream. The Lillian then put out short hawsers from the forward bitts of the latter barge to the stern bitts of the tug and proceeded to round to with her tow; the tide...

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