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THE PORTCHESTER

No. 133.

94 F.2d 644 (1938)

THE PORTCHESTER.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Eugene Underwood, both of New York City, of counsel), for appellant.

Alexander, Ash & Jones, of New York City (Edward Ash and Lawson R. Jones, both of New York City, of counsel), for appellee.

Purdy, Mason & Lamb, of New York City (John E. Purdy, of New York City, of counsel), for libelant.

Earl Appleman, of New York City, for Payne Coal Co., Inc.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

On March 23, 1936, a collision occurred in Hell Gate, N. Y., between the steamer Malang and the coal barge Ellen Daly in tow of the tug Portchester. The barge sank with her cargo and some of the captain's effects and the Malang sustained damage.

The Red Star Towing & Transportation Company, owner of the tug, filed its petition for exoneration from liability or, in the alternative, for limitation. The Maltran Steamship Company, Inc...

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