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PITNEY v. UNITED STATES

No. 350.

149 F.2d 907 (1945)

PITNEY et al. v. UNITED STATES. THE WESTFIELD.

Circuit Court of Appeals, Second Circuit.

June 15, 1945.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan, of New York City, of counsel), for libellants-appellees.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Vincent A. Catoggio, Sp. Asst. to U. S. Atty., of New York City, of counsel), for respondent-appellant.

Before SWAN, CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The libellant's ferryboat Westfield left her terminal at Communipaw, N. J., about 9 o'clock on the morning of March 6, 1943, to make her usual run to her slip at Liberty Street on the Manhattan shore of the North River. The visibility was fair. When she had moved on a flood tide on a course a little north of east to a point some three thousand feet off the New York side of the river and while she was making about ten miles an hour her master...

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