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THE TOMMY

No. 203.

39 F.2d 577 (1930)

THE TOMMY. LEE & SIMMONS, Inc., v. CUMMINGS LIGHTERAGE & TRANSP. CO. et al.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied March 6, 1930.

Attorney(s) appearing for the Case

William F. Purdy and Frank C. Mason, both of New York City, for appellant.

Frederick W. Park, of New York City, for appellee Lee & Simmons, Inc.

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

PER CURIAM.

The lighter Tommy was under charter to the Cummings Lighterage & Transportation Company, and was at Pier 2, Erie Basin, for the purpose of taking on a cargo of iron and steel. On the morning of September 15, 1926, the lighter was lying alongside the steamship Souvier. This steamer was lying bow out of the slip with her starboard side to Pier 2, and the Tommy was lying starboard side to the steamer with her bow also pointing out of the slip. She was...

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