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THE SAN SIMEON

No. 238.

63 F.2d 798 (1933)

THE SAN SIMEON. THE COMMERCIAL MARINER. GENERAL CABLE CORPORATION et al. v. PACIFIC ATLANTIC S. S. CO. et al.

Circuit Court of Appeals, Second Circuit.

March 13, 1933.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and Eugene Underwood, both of New York City, of counsel), for Commercial Mariner.

McFarland, Taylor & Costello, of New York City (Willard U. Taylor and Ernest A. Fintel, both of New York City, of counsel), for San Simeon.

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson, D. Roger Englar, and Oscar R. Houston, all of New York City, of counsel), for Cargo of Commercial Mariner.

Howard M. Long, of Philadelphia, Pa., and Leah H. Neuer, of Brooklyn, N. Y., for Levey, administratrix.

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

L. HAND, Circuit Judge.

These appeals raise the merits of a collision between the steamers "Commercial Mariner" and "San Simeon" in the Delaware river on the night of January 22, 1931. The owner of each vessel filed a petition to limit its liability, which was allowed, and the right to which is not disputed. The issues arise as to the claims which were filed against the owner of the San Simeon, the Commercial Mariner having been sunk, and being a

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