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THE B. M. THOMAS

Nos. 13829, 13965.

6 F.Supp. 745 (1934)

THE B. M. THOMAS. THE LIGHTER NO. 146. THE SCANPENN.

District Court, E. D. New York.

March 8, 1934.

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 American Scantic Line, Inc., and the Scanpenn.

Purdy & Purdy, of New York City (Edmund F. Lamb, of New York City, of counsel), for Warner Co. and the B. M. Thomas.

GALSTON, District Judge.

These are cross-libels, and on stipulation were tried together on the same proofs.

At about 2:30 p. m. on October 22, 1932, the steamer Scanpenn sailed from pier 53 south, Philadelphia, bound for New York, and proceeded down the Delaware river. The weather conditions were good, clear, with a gentle breeze, the tide ebb. Starting down the river, the Scanpenn was about three or four hundred...

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