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WALDIE v. THE PETER C. GALLAGHER

No. 135.

125 F.2d 568 (1942)

WALDIE v. THE PETER C. GALLAGHER et al. THE SUSANNA E. WALDIE. THE WILLIAMS NO. 52.

Circuit Court of Appeals, Second Circuit.

January 27, 1942.

Attorney(s) appearing for the Case

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

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

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

FRANK, Circuit Judge.

A libel was filed against the tug Peter C. Gallagher and the scow Williams No. 52 for damages caused the scow Susanna E. Waldie when she broke loose from a tow outside Huntington Bay and grounded on Lloyds Neck. The libel was dismissed after a trial, and the owner of the Waldie appeals from the decree dismissing as to the Gallagher, which she charges with negligent tow-age. There is no appeal from the dismissal of the libel against the Williams...

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