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BOUKER CONTRACTING CO. v. CITY OF NEW YORK

No. 363.

121 F.2d 13 (1941)

BOUKER CONTRACTING CO. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

July 3, 1941.

Attorney(s) appearing for the Case

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

William C. Chanler, of New York City (George Seagrave Franklin, of New York City, of counsel), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

On September 7, 1939, libellant's tug "Bouker No. 6", then lying some distance above Manhattan Avenue Bridge, over Newtown Creek, was ordered to pick up a coal barge lying upstream of the bridge abutment, on the south side. The tug proceeded downstream, and, when it was about 150 yards above the bridge, it slowed down and signalled the bridge to open. Its purpose was to continue down with the tide and, as it swung to the left to take the barge...

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