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THE HAVANA

No. 301.

89 F.2d 23 (1937)

THE HAVANA. THE CITY OF DALHART. NEW YORK & CUBA MAIL S. S. CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Adrian J. O'Kane, both of New York City, of counsel), for appellant.

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Charles E. Wythe, Sp. Asst. to U. S. Atty., of New York City, of counsel), for the United States.

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

AUGUSTUS N. HAND, Circuit Judge.

The libelant, New York & Cuba Mail Steamship Company, was chartered owner of the steamship Havana, and the respondent, United States, was the owner of the steamship City of Dalhart. On August 28, 1934, the Dalhart came to Morse's Dry Dock in Brooklyn, N. Y., in order to undergo engine repairs. Inasmuch as two of her cylinders had to be lifted out and taken to the yard, she was moored with her starboard side on the south side of...

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