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THE B. B. NO. 21

Nos. 32-34.

54 F.2d 532 (1931)

THE B. B. NO. 21. THE VICTORIA. THE DISPATCH. BURNS BROS. v. CORNELL STEAMBOAT CO. et al. BURNS BROS. et al. v. SAME. RED STAR TOWING & TRANSPORATION CO. v. BURNS BROS. et al.

Circuit Court of Appeals, Second Circuit.

December 7, 1931.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellant.

Alexander, Ash & Jones, of New York City (Edward Ash and Max Taylor, both of New York City, of counsel), for libelant in first libel.

Single & Single, of New York City (Thomas H. Middleton, of New York City, of counsel), for libelants in second libel.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for libelant in third libel.

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

SWAN, Circuit Judge.

On the order of Burns Bros., the appellant's tug Victoria took in tow two loaded coal boats for delivery in the slip on the south side of Pier 125 North River, at the foot of West 135th street, New York City. When the tug and tow arrived off the slip, at about 11 p. m. July 5, 1928, entrance to the slip was found to be blocked by a dredge and dumper scow. Another tug was standing by waiting to take out the dumper scow, and it is probable that...

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