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THE CHARLES H. SELLS

No. 302.

89 F.2d 631 (1937)

THE CHARLES H. SELLS.

Circuit Court of Appeals, Second Circuit.

April 12, 1937.

Attorney(s) appearing for the Case

Emery & Pyne and Warner Pyne, all of New York City, for appellant.

Lynch, Hagen & Atkins, of New York City (Anthony V. Lynch, Jr., and Henry C. Eidenbach, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a decree dismissing a libel in rem against the scow, "Sells," for damage which she caused when she broke adrift in the Hudson River on the morning of January 21, 1934. The "Sells" had been moored at the outside of a pier of the Plaza Sand & Stone Company at Yonkers, where she had been waiting for more than a month. The pier is about forty feet wide at the end, and the "Sells" was one hundred and twelve feet long;...

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