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THE CEDAR CLIFF

No. 347.

149 F.2d 964 (1945)

THE CEDAR CLIFF. RICE v. SCHIAVONE-BONOMO CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 13, 1945.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for appellee.

Before SWAN, CHASE and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is a suit by the owner of a scow to recover from the charterer for damage done to the scow by some unknown vessel which collided with it while it lay moored to a dock in the East River. The appeal presents the question whether the undisputed evidentiary facts as found by the trial court justify the court's conclusion that the damage was caused by the charterer's negligence in mooring the scow with its bow projecting some 20 feet beyond the...

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