THE REVERE

Nos. 245-247.

63 F.2d 775 (1933)

THE REVERE. THE A. C. DUTTON LUMBER CORPORATION NO. 5 et al.

Circuit Court of Appeals, Second Circuit.

March 13, 1933.


Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for appellant.

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for the Barges No. 5 and No. 7.

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for Dutton Lumber Company.

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


L. HAND, Circuit Judge.

This cause is a consolidation of three libels; one, by the owners of the floats No. 5 and No. 7, against the tug, "Revere"; another, by the owner of their cargo; the third, by the tug against the floats for salvage services. The judge gave a decree for the libellants on the first two, and dismissed the third. The tug appealed in each.

The facts were as follows: The tug, "Revere," with the float No. 7 to port and No. 5 to starboard,...

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