UNITED STATES v. BYERS

No. 19433.

144 F.2d 455 (1944)

UNITED STATES v. BYERS. BELL TELEPHONE CO. OF PENNSYLVANIA v. UNITED STATES. EASTERN TELEPHONE & TELEGRAPH CO. v. SAME. THE CALVACADE.

Circuit Court of Appeals, Second Circuit.

July 25, 1944.


Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., and Haight, Griffin, Deming & Gardner, all of New York City (Edward R. Kraetzer and John C. Moore, both of New York City, of counsel), for the United States, petitioner.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Eugene F. Gilligan, of New York City, of counsel), for Mortimer W. Byers and libellant Bell Telephone Co. of Pennsylvania.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for Mortimer W. Byers and libellant Eastern Telephone & Telegraph Co.

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


AUGUSTUS, N. HAND, Circuit Judge.

The Bell Telephone Company of Pennsylvania and Eastern Telephone and Telegraph Company filed separate libels in admiralty against the United States alleging that the Steamship Cavalcade, owned by the United States, while navigating in the Delaware River, negligently caused her anchor to come in contact with submarine telephone cables belonging to the companies, resulting in damage to the cables and requiring repairs and other expenses...

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