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THE P. R. R. NO. 476

No. 295.

148 F.2d 996 (1945)

THE P. R. R. NO. 476. THE WILLIAM SIMMONS. THE CUTCHOGUE.

Circuit Court of Appeals, Second Circuit.

April 26, 1945.

Attorney(s) appearing for the Case

Hagen & Eidenbach, of New York City (Charles W. Hagen and Nelson J. Johnson, both of New York City, of counsel), for appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

This litigation involves a collision which occurred in Buttermilk Channel shortly after 2 A.M. on October 30, 1940 between the loaded tank barge Supercraft in tow of the appellant's tug William Simmons and the barge P. R. R. No. 476 in tow of the tug Cutchogue, owned by the impleaded respondent Long Island Railroad Company. The District Court held the appellant's tug solely at fault. Its findings of fact and conclusions of law are reported in 1942 A.M...

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