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THE FLYING BY

No. 5140.

71 F.2d 968 (1934)

THE FLYING BY. THE EMPIRE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied June 30, 1934.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellant.

Albert G. Goetz, of Detroit, Mich., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the owner of the yacht Flying By filed a libel against the dredge Empire to recover damages sustained by the yacht by reason, as is alleged, of the misconduct of the dredge. It appears the latter was, under a contract with the government, dredging the channel of the Raritan river. The dredge was anchored on spuds, and the yacht was proceeding under power from Florida to New York. It is contended by the yacht that by reason...

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