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THE BERN

No. 43.

74 F.2d 235 (1934)

THE BERN. In re READING CO. Appeal of EXPORT S. S. CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 10, 1934.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and Charles S. Haight, Jr., both of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellees Reading Co. and Tice Towing Line, Inc.

Purdy & Purdy, of New York City (John E. Purdy, of New York City, of counsel), for appellees Bouchard Transportation Co., Inc., Michelson Coal Corporation, Western Assurance Co. of Toronto, New York Steam Corporation, Margaret K. Fetherston, and Sargent Barge Line, Inc.

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

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for appellees Murray Transportation Co. and Anthony O'Boyle.

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

SWAN, Circuit Judge.

This litigation arises out of a collision in the East River, just above Corlears Hook, which occurred on the evening of January 15, 1930, shortly before 8 o'clock. There was a flood tide of about 3½ knots; the night was clear. The tug Bern was proceeding up stream, with twelve loaded coal barges in tow, at a speed over the ground of 5 or 6 knots. Her tow was on hawsers of about thirty fathoms and was made up three barges abreast in each of...

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