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THE WEST POINT

No. 413.

85 F.2d 63 (1936)

THE WEST POINT. THE MARION.

Circuit Court of Appeals, Second Circuit.

July 13, 1936.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and Andrew J. McElhinney, both of New York City, of counsel), for libelant New York Cent. R. Co.

Lynch, Hagen & Atkins, of New York City (Charles W. Hagen and Henry C. Eidenbach, both of New York City, of counsel), for claimant-appellee Erie R. Co.

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

AUGUSTUS N. HAND, Circuit Judge.

On December 20, 1929, the Erie tug Marion, carrying a carfloat on her port side, was proceeding up the Hudson river on a course lying about 1,000 feet off the New York piers. An ebb tide was running at between 2½ and 2¾ knots per hour. The New York Central ferryboat West Point was crossing from her southerly ferry slip, at the foot of West Forty-Second street, New York City, to the West Shore Terminal at Weehawken, N. J....

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