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NAVIGAZIONE LIBERA T. S. A. v. NEWTOWN CREEK T. CO.

No. 218.

98 F.2d 694 (1938)

NAVIGAZIONE LIBERA TRIESTINA SOCIETA ANONIMA v. NEWTOWN CREEK TOWING CO.

Circuit Court of Appeals, Second Circuit.

July 18, 1938.

Attorney(s) appearing for the Case

Alexander, Ash & Jones and Bigham, Englar, Jones & Houston, all of New York City (Edward Ash and Andrew J. McElhinney, both of New York City, of counsel), for appellant.

Loomis, Williams & Donohue, of New York City (Homer L. Loomis, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

Since we reversed the earlier decree in this case in 1936 which in effect awarded only nominal damages, there has been a second hotly contested reference before a new commissioner, resulting once more in a small award. The judge increased this very considerably and the claimant appealed: the libellant then filed assignments of its own. We shall not state again the main facts; they may be found in our former decision in The Tug Russell No. 3...

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