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THE ROSLYN

No. 69.

93 F.2d 278 (1937)

THE ROSLYN. CLEARY BROS., Inc., v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

December 6, 1937.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for appellant.

Paul Windels, of New York City (P. Fearson Shortridge, of New York City, of counsel), for appellee City of New York.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Eugene Underwood, both of New York City, of counsel), for appellee Moran Towing & Transportation Co., Inc.

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

CHASE, Circuit Judge.

The City of New York chartered the libelant's scows, among them the Roslyn, to carry ashes and rubbish from waterfront dumps in Manhattan and The Bronx to Rikers Island. The charter was effective May 1, 1932, and ran from day to day continuously until terminated by either party upon one day's written notice. It was in the form of a letter written by the city (Department of Sanitation) to the libelant, and assented to by the libelant, whereby...

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