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NEW ENGLAND S. S. CO. v. HOWARD

Nos. 329, 330.

130 F.2d 354 (1942)

NEW ENGLAND S. S. CO. v. HOWARD.

Circuit Court of Appeals, Second Circuit.

July 6, 1942.

Attorney(s) appearing for the Case

Edmund F. Lamb and Purdy & Lamb, all of New York City, for Thomas J. Howard.

Anthony V. Lynch and Pyne & Lynch, all of New York City, for Port Jefferson Transp. Co.

Thomas H. Middleton and Hill, Rivkins & Middleton, all of New York City, for New England S. S. Co.

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

PER CURIAM.

This appeal involves in the first instance only two questions: whether the "Howard" was staunch and seaworthy as to her hatch covers; and whether the tug should have turned in to Sakonnet instead of pressing on towards Penikese Island. As to these issues we can add nothing to Judge Clancy's careful discussion, which we accept as our own. The Commerce, D.C., 46 F.Supp. 360, 1941 Am.M.C. 1388. We also think that Howard...

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