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THE McLAIN NO. 237

69 F.Supp. 938 (1946)

THE McLAIN NO. 237. McLAIN LINE, Inc., v. UNITED STATES et al.

District Court, S. D. New York.

December 4, 1946.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for libelant.

John F. X. McGohey, U. S. Atty., of New York City (Purdy & Lamb, by Edmund F. Lamb, all of New York City, of counsel), for respondents.

Burlingham, Veeder, Clark & Hupper, of New York City (Frederic Conger and James J. Conran, both of New York City, of counsel), for Pennsylvania R. Co.

KENNEDY, District Judge.

On February 1, 1944, at about 3:00 P.M., 8 light barges were lying at the Pennsylvania Railroad stake boat in the lower bay. The wind was blowing from northwest at about 45 miles an hour. The tide was flood. In consequence of the force and direction of the wind, the scows were tailing over toward Governors Island from the stake boat, when the tug Amboy, owned and operated by the respondent-impleaded The Pennsylvania Railroad Company, appeared...

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