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THE TUXEDO

No. 328.

77 F.2d 354 (1935)

THE TUXEDO.

Circuit Court of Appeals, Second Circuit.

May 6, 1935.

Attorney(s) appearing for the Case

John E. Morrissey, of New York City, for appellant.

Lynch & Hagen, of New York City (Charles W. Hagen and Henry C. Eidenbach, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The libelant, the owner of the ferryboat Binghamton, sued to recover the damages sustained by that boat when it was in collision with the ferryboat Tuxedo, owned by the claimant, while navigating in a dense fog off the Delaware, Lackawanna & Western Railroad Pier No. 5 at Hoboken, N. J., on the night of February 8, 1928.

The facts were found by the trial judge from conflicting evidence given by witnesses in open court and we accept...

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