THE WONDER

No. 295.

79 F.2d 312 (1935)

THE WONDER. NEWTOWN CREEK TOWING CO. v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

July 29, 1935.


Attorney(s) appearing for the Case

Paul Windels, Corp. Counsel, of New York City (P. Fearson Shortridge and John T. Condon, both of New York City, of counsel), for appellant city of New York.

Cravath, De Gersdorff, Swaine & Wood, of New York City (Joseph Day Lee, of New York City, of counsel), for respondents impleaded appellees William J. Brown and John J. McGuire, as trustees of E. O. Roberts Co., Inc., McClintic-Marshall Corporation, and J. Livingston & Co.

Nevius, Brett & Kellogg, of New York City (Robert B. Jarvis and John R. Stewart, both of New York City, of counsel), for respondent impleaded appellee Senior & Palmer, Inc.

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


AUGUSTUS N. HAND, Circuit Judge.

On July 16, 1931, the city of New York made a contract with E. O. Roberts Company, Inc., to construct a drawbridge over English Kills at Metropolitan avenue, Brooklyn. After partial performance, the contractor assigned the contract on June 20, 1932, pursuant to section 27 of the New York Lien Law (Consol. Laws, c. 33), to William J. Brown and John J. McGuire, as trustees. The latter, by contract of August 4, 1932, engaged Senior &...

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