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THE SALUTATION

No. 10.

79 F.2d 609 (1935)

THE SALUTATION. THE DELIVERY NO. 5.

Circuit Court of Appeals, Second Circuit.

November 12, 1935.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan and Leo F. Hanan, both of New York City, of counsel), for appellant.

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Prizer, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The appeal is from a final decree dismissing the libel in a suit to recover because of a collision in the East River, off the end of Pier 9, Brooklyn, at ten-thirty o'clock on the night of November 1, 1933, between the libellant's steam tug, "Salutation," and the claimant's tanker, "Delivery No. 5." The circumstances were as follows: The night was clear and windless and the tide ebb; the tug had had five barges in tow and had hung them at the...

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