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THE SOCONY NO. 115

No. 197.

63 F.2d 226 (1933)

THE SOCONY NO. 115. THE SYOSSETT. STANDARD TRANSP. CO. v. LONG ISLAND R. CO.

Circuit Court of Appeals, Second Circuit.

February 14, 1933.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney and Paul Speer, both of New York City, of counsel), for appellant Standard Transp. Co.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both 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).

Much has been said in argument and in the briefs as to whether or not the Hartford Socony was an overtaking vessel, and the decision below was based in part upon her having that status. We think, however, that it is unnecessary to deal with that phase of the matter at all. Before the libelant can recover in this action, it must appear that the Syossett was at fault....

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