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PENNSYLVANIA R. CO. v. THE BUCHANAN BOYS

No. 294.

155 F.2d 585 (1946)

PENNSYLVANIA R. CO. v. THE BUCHANAN BOYS et al. THE P. R. R. NO. 274.

Circuit Court of Appeals, Second Circuit.

May 31, 1946.

Attorney(s) appearing for the Case

John J. Bennett, Corp. Counsel for the City of New York, of New York City (Edwin M. Bourke, of New York City, of counsel), for respondent-appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and William S. Stuhr, Jr., both of New York City, of counsel), for libellant-appellee The Pennsylvania Railroad Company.

Hagen & Eidenbach, of New York City (Nelson J. Johnson, of New York City, of counsel), for Bronx Towing Line, Inc., claimant-appellee.

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

PER CURIAM.

The libellant, Pennsylvania Railroad Company, brought suit against the tug Buchanan Boys and the City of New York to recover damages due to the alleged negligence of each in connection with the passage of the lighter in tow of the Buchanan Boys through the drawbridge maintained by the City across the Harlem River at Willis Avenue.

The City of New York has appealed from a decree of the District Court holding...

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