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LUCKENBACH S. S. CO. v. UNITED STATES

Nos. 239, 20148.

157 F.2d 250 (1946)

LUCKENBACH S. S. CO., Inc., v. UNITED STATES. THE S. S. MATHEW LUCKENBACH et al.

Circuit Court of Appeals, Second Circuit.

July 26, 1946.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Alfred T. Cluff, Sp. Asst. to Atty. Gen., of counsel), for appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark, A. Howard Neely, and Charles E. Wythe, all of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

This litigation concerns a collision at night on October 21, 1942 between two blacked out vessels in an east bound convoy. The convoy stations of the colliding steamships were in adjacent columns, the Mathew Luckenbach being the fourth and last vessel in the third column (position No. 34) and the Zacapa being the third vessel in the fourth column (position No. 43). Ahead of the Luckenbach in position...

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