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CITY OF NEW YORK v. AMERICAN EXPORT LINES

No. 26.

131 F.2d 902 (1942)

CITY OF NEW YORK v. AMERICAN EXPORT LINES, Inc.

Circuit Court of Appeals, Second Circuit.

December 2, 1942.

Attorney(s) appearing for the Case

John W. Griffin and Haight, Griffin, Deming & Gardner, all of New York City (W. Parker Sedgwick, of New York City, of counsel), for appellant.

John D. J. Moore, Jr., and William C. Chanler, both of New York City (Martin Faust, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The claimant of the ship, "Exporter," appeals from a decree in the admiralty holding her solely at fault for a collision with the "sludge boat," "Coney Island," owned by the City of New York. The collision was on a clear night, in the East River, opposite Corlear's Hook, about one third of the distance from the New York to the Brooklyn shore. The "Exporter" was bound downstream against a flood tide, the "Coney Island" upstream; the district...

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