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THE POLING BROS. NO. 5

No. 240.

95 F.2d 402 (1938)

THE POLING BROS. NO. 5. Petition of CHESTER A. POLING, Inc. THE TOM WOGAN. CHESTER A. POLING, Inc., v. DAHL et al.

Circuit Court of Appeals, Second Circuit.

March 14, 1938.

Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Edward Ash and Lawson R. Jones, both of New York City, of counsel), for petitioner-appellant Chester A. Poling, Inc.

Otto, Easterday & Warburton, of New York City (George B. Warburton, of New York City, of counsel), for Claimant-Appellee Albert Dahl.

Thomas J. O'Neill, of New York City (John T. Little and George B. Warburton, both of New York City, of counsel), for claimants-appellees Frank Paschall and others.

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

AUGUSTUS N. HAND, Circuit Judge.

On October 30, 1936, Frederick Snare Corporation was constructing a bridge across the inlet from Barren Island to Rockaway Point. To accomplish this purpose it was building a series of cofferdams extending from one shore line to the other and numbered, respectively, from 1 to 12. Cofferdam No. 12 was on the Barren Island or northerly shore, whereas abutment No. 1 was on the southerly Rockaway shore. About at midchannel were two cofferdams...

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