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CITY OF NEW YORK v. McLAIN LINES

No. 184.

147 F.2d 393 (1945)

CITY OF NEW YORK v. McLAIN LINES, Inc. THE MAVIS. THE ANN MARIE TRACY.

Circuit Court of Appeals, Second Circuit.

January 3, 1945.

Attorney(s) appearing for the Case

Ignatius M. Wilkinson, of New York City (Herbert B. Lee, of New York City, of counsel), for appellant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for appellee McLain Lines, Inc.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan and Anthony M. Menkel, both of New York City, of counsel), for appellee Tracy Towing Line, Inc.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

It is fairly obvious from the record, and it was conceded at the oral argument here, that the findings, filed a month after the oral opinion, were substantially those presented to the trial judge by the proctors for the barge-owner, the successful libellant. On the unfortunate and undesirable character of findings thus made we have often commented, calling attention to the importance of findings because they bind the upper courts unless clearly...

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