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THE NEW YORK MARINE NO. 2

No. 251.

56 F.2d 756 (1932)

THE NEW YORK MARINE NO. 2. DERBY v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

March 14, 1932.

Attorney(s) appearing for the Case

Foley & Martin and Macklin, Brown, Lenahan & Speer, all of New York City (J. A. Martin and Carl F. Vander Clute, both of New York City, of counsel), for appellant.

Arthur J. W. Hilly, Corp. Counsel, of New York City (William J. Leonard and Charles J. Carroll, both of Brooklyn, N. Y., and Lester W. Easton, of New York City, of counsel), for appellee City of New York.

Frederick W. Park, of New York City, for appellee New York Marine Co.

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

AUGUSTUS N. HAND, Circuit Judge.

The tug New York Marine No. 2, of the claimant New York Marine Company, took in tow a flotilla of eleven barges made up in four tiers. The first three tiers had three barges abreast, and the fourth tier two barges. In the first tier, which was on a sixty-foot hawser, the Maher Bros. was the port barge and the L. F. Leary the starboard barge. The tow was bound from the lower bay in New York Harbor to Perth Amboy. As it approached Staten...

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