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CITY OF NEW YORK v. NATIONAL BULK CARRIERS

Nos. 90, 91.

138 F.2d 826 (1943)

CITY OF NEW YORK v. NATIONAL BULK CARRIERS, Inc.

Circuit Court of Appeals, Second Circuit.

November 15, 1943.

Attorney(s) appearing for the Case

Earle Farwell, of New York City, for appellant.

Edward Ash, of New York City, for appellee.

Herbert B. Lee, of New York City, for City of New York.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

In this case, as is frequently true of collisions, the place of collision is all important; and, as is almost always true, that place is also hard to determine. The judge merely found that the collision "did not occur close to Hallets Point, but further over, toward Mill Rock." That, although vague, is as precise as the testimony warranted, and certainly we should not be justified in saying that it was "clearly...

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