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THE LUNA

No. 178.

63 F.2d 808 (1933)

THE LUNA. THE REICHERT BOYS. THE NEW YORK CENT. NO. 17. THE JULIUS MILLER.

Circuit Court of Appeals, Second Circuit.

March 6, 1933.

Attorney(s) appearing for the Case

Arthur J. W. Hilly, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., and William Leonard and John T. Condon, both of New York City, of counsel), for the City of New York.

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for New York Cent. R. Co.

Single & Single, of New York City (Thomas H. Middleton, of New York City, of counsel), for The Reichert Boys.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The faults of the ferryboat are too plain for doubt. She came out at an undue rate of speed into a very nest of shipping. The tow of the Reichert Boys was on her port hand, close inshore; that of the No. 17 only a hundred feet further out. Nearly in front of her was Marine No. 10, also bound out and on her starboard hand another tug coming up from Quarantine. She tried to navigate between these vessels at a speed which she herself puts at ten miles. In...

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