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GREAT LAKES DREDGE & DOCK CO. v. THE SANTIAGO

No. 255.

155 F.2d 148 (1946)

GREAT LAKES DREDGE & DOCK CO. v. THE SANTIAGO et al. SANTIAGO S. S. CO., Limited, v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 23, 1946.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City (Robert S. Erskine, of New York City, of counsel), for Santiago Steamship Co., Ltd.

J. Vincent Keogh, of New York City (Nicholas J. Healy, 3rd, and Frank P. Cox, both of New York City, of counsel), for the United States.

Hagen & Eidenbach, of New York City (Charles W. Hagen and Nelson J. Johnson, both of New York City, of counsel), for Great Lakes Dredge & Dock Co.

Before, L. HAND, SWAN, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The United States on this appeal somewhat half-heartedly contends that the sinking of the dynamite scow and the damage to the drill-boat resulted solely from the negligence of the Santiago. In the alternative, and more vigorously, it contends that the Santiago was also at fault. We cannot agree with either contention.

The trial judge held that the facts showed a crossing situation. The government on this appeal suggests that it was an...

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