THE IRA S. BUSHEY

No. 333.

120 F.2d 1010 (1941)

THE IRA S. BUSHEY, Inc.

Circuit Court of Appeals, Second Circuit.

June 17, 1941.


Attorney(s) appearing for the Case

Christopher E. Heckman, Foley & Martin, and James A. Martin, all of New York City, for appellant.

Frank C. Mason and Mahar & Mason, all of New York City, for appellee.

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


PER CURIAM.

The facts as the judge found them were as follows. The "Derby" backed with a line from her forward bitt to the mid bitt of the "Essex's" bow, the master or bargee of the "Essex" having stationed himself at her bow to give a signal when the barge should come into position. Both vessels had agreed that the "Derby" should stop at this signal, thus making the necessary slack in the towing line so that it might be cast off. The "Derby" followed out this agreement...

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