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MATTON OIL TRANSFER CORPORATION v. DYNAMIC

No. 99.

123 F.2d 999 (1941)

MATTON OIL TRANSFER CORPORATION v. THE DYNAMIC et al. THE JEMSON NO. 1. THE DYNAMIC. THE CREE.

Circuit Court of Appeals, Second Circuit.

December 1, 1941.

Attorney(s) appearing for the Case

Vincent A. Catoggio, Jr., of New York City (Purdy & Lamb and Edmund F. Lamb, all of New York City, on the brief), for claimant-appellant.

Christopher E. Heckman, of New York City (John R. Stewart and James A. Martin, both of New York City, on the brief), for claimant-impleaded-appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

We are presented with the decision of this appeal, involving claims for collision damages in the admiralty, without help from the district judge by way of a finding of facts or conclusions of law. At the end of the trial, the court forthwith stated from the bench: "Decree for the libellant against the Dynamic only. The Cree exonerated. The court finds prima facie evidence of damage, and that is all it has to find, and it will appoint a commissioner to...

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