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THE CLEVELANDER

No. 346.

83 F.2d 947 (1936)

THE CLEVELANDER. THE PRIMROSE. GENERAL MOTORSHIP CORPORATION v. CORNELL STEAMBOAT CO.

Circuit Court of Appeals, Second Circuit.

June 1, 1936.

Attorney(s) appearing for the Case

Thomas H. Middleton, of New York City (Hill, Rivkins & Middleton, of New York City, on the brief), for libelant.

Kirlin, Campbell, Hickox, Keating & McGrann. of New York City (Robert S. Erskine, of New York City, of counsel), for respondent.

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

SWAN, Circuit Judge.

This litigation results from a mishap which befell libelant's motor vessel Clevelander in the New York State Barge Canal on October 2, 1932. The Clevelander, loaded with cargo, was bound west. The respondent's tug Primrose, with a tandem tow of six barges, was bound east. They met and passed port to port about two and a half miles west of Lock 12. There was no collision, but, as the last barge was passing, the Clevelander struck bottom and stove...

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