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THE CITY OF CHATTANOOGA

No. 459.

79 F.2d 23 (1935)

THE CITY OF CHATTANOOGA. THE TAMAQUA. THE CUMRU.

Circuit Court of Appeals, Second Circuit.

July 1, 1935.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (John W. Griffin and W. Parker Sedgwick, both of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer of New York City, of counsel), for appellee.

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

PER CURIAM.

This case raises the single question of whether it was a fault for the respondent's tug, Tamaqua, with two barges in tow, to anchor in a fog in the fairway between Nobska Point and the High Fence Lightship in Vineyard Sound. Section 471 of title 33 of the United States Code (33 US CA § 471) gives the Secretary of War power to define and mark anchorages and to provide regulations for their use. On April 16, 1923, the Secretary promulgated regulations...

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