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THE NEW YORK MARINE NO. 10

No. 233.

109 F.2d 564 (1940)

THE NEW YORK MARINE NO. 10. THE C. F. COUGHLIN. In re LIGHTERAGE HOLDINGS, Inc.

Circuit Court of Appeals, Second Circuit.

February 13, 1940.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for appellants-petitioners.

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for appellant McNall.

Otto & Easterday, of New York City (Henry E. Otto and Samuel C. Otto, both of New York City, of counsel), for appellee Murphy.

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

Edmond B. Butler, of New York City, for appellee General Chemical Co.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

This litigation is the outgrowth of a collision on the Barge Canal near Tonawanda, N. Y., on September 11, 1937, between a barge in the tow of the tug New York Marine No. 10 and a barge in the tow of the tug C. F. Coughlin. The district judge in an admirably clear opinion found the tug No. 10 solely at fault. We are asked by one appellant, McNall, to charge both tugs with fault. The other appellants, owner and charterer of No. 10, assert that...

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