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NEWTOWN CREEK TOWING CO. v. ASTORIA IMPORTING & MFG. CO.

No. 219.

47 F.2d 578 (1931)

NEWTOWN CREEK TOWING CO. v. ASTORIA IMPORTING & MFG. CO., Inc.

Circuit Court of Appeals, Second Circuit.

February 16, 1931.

Attorney(s) appearing for the Case

Shearman & Sterling, of New York City (Horace M. Gray and James A. Stevenson, Jr., both of New York City, of counsel), for appellant.

Alexander, Ash & Jones, of New York City (Edward Ash, of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge (after stating the facts as above).

The essential facts, so far as they are capable of exact knowledge, are not in dispute, except the width of the channel at the respondent's dock. As to that, we have accepted the testimony of the captain of the tug, who estimated it to be about 60 feet; the distance the logs extended into it about 25 feet; and the portion through which his tug could navigate about 35 feet. This leaves the fact of the identity...

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