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MATTON OIL TRANSFER CORPORATION v. CONNERS MARINE CO.

No. 323.

130 F.2d 195 (1942)

MATTON OIL TRANSFER CORPORATION v. CONNERS MARINE CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 6, 1942.

Attorney(s) appearing for the Case

Vincent A. Catoggio, Jr., and Purdy & Lamb, all of New York City (Edmund F. Lamb, of New York City, of counsel), for appellant.

Christopher E. Heckman and John R. Stewart, both of New York City (James A. Martin, of New York City, of counsel), for Motor Tug Cree, Inc.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

When the Dynamic first made out the Cree, she had the Cree on her starboard hand, and the Cree's course was not yet apparent. She might be meaning to turn up Red Hook Channel or down Bay Ridge Channel; or she might be going straight across the anchorage ground. That being the situation, the Dynamic was charged as the giving way vessel until the Cree's navigation disclosed that they were not on crossing courses. The Hallgrim, 2 Cir., 20...

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