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CUBA DISTILLING CO. v. GRACE LINE

No. 382.

143 F.2d 499 (1944)

CUBA DISTILLING CO., Inc., et al. v. GRACE LINE, Inc.

Circuit Court of Appeals, Second Circuit.

June 26, 1944.

Attorney(s) appearing for the Case

Eugene F. Gilligan, and Kirlin, Campbell, Hickox, Keating & McGrann, all of New York City, for appellants Grace Line Inc., and S. S. Lara.

Leonard J. Matteson and Bigham, Englar, Jones & Houston, all of New York City (Andrew J. McElhinney, of New York City, of counsel), for appellees.

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

PER CURIAM.

Whatever measure of lenity we should accord the "Lara", faced with the sudden apparition of the "Cassimir," we cannot excuse her altogether. The judge found that, when the "Cassimir's" lights were snapped on, she already appeared to be a vessel headed across the "Lara's" bows from port to starboard. That finding had adequate support in the evidence, and we will not disturb it. It made the "Lara's" navigation the only course sure to bring her into collision...

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