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THE BELLHAVEN

Nos. 454, 455.

72 F.2d 206 (1934)

THE BELLHAVEN. THE FREDERICK C. UNDERWOOD. BALTIMORE & O. R. CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 23, 1934.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson, of New York City, of counsel), for libelant.

Martin Conboy, U. S. Atty., of New York City (Charles E. Wythe, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

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

L. HAND, Circuit Judge.

This suit arises out of a collision in the Upper Bay at about 6:30 on the evening of October 10, 1928, between the steamer, "Bellhaven," and the tug, "Underwood," which had in tow on her starboard hand the loaded carfloat, "No. 162." As usual, there is little harmony between the two versions, but some things are agreed. The tide was flood, the night clear, the place of the collision was 1,500 feet south from the entrance to "Big Tom" pier;...

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