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THE PERTH AMBOY NO. 4

No. 218.

135 F.2d 404 (1943)

THE PERTH AMBOY NO. 4.

Circuit Court of Appeals, Second Circuit.

May 3, 1943.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper and Chauncey I. Clark, all of New York City, for Fred B. Dalzell, claimant-appellant.

Macklin, Brown, Lenahan & Speer and Leo F. Hanan, all of New York City, for libellant-appellee.

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

PER CURIAM.

The deck scow Marie, owned by the libellant, capsized and dumped her cargo on November 11, 1937, while in tow of claimant's tug Perth Amboy in the Passaic River. The court held the Perth Amboy responsible for the casualty to the libellant's scow and cargo but directed that the recovery should be subject to limitation of liability.

The scow had been loaded with approximately 623 tons of scrap steel under the supervision of the employees of the Tidewater...

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