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W. E. HEDGER TRANSP. CORPORATION v. HART

No. 267, Docket 20588.

163 F.2d 90 (1947)

W. E. HEDGER TRANSP. CORPORATION v. HART. HART v. THE BRIMSTONE et al. THE A. J. RUDDY. THE M. A. LENAHAN. THE BRIMSTONE. THE FORT ASH.

Circuit Court of Appeals, Second Circuit.

July 9, 1947.

Attorney(s) appearing for the Case

Max Taylor, of New York City (J. Vincent Keogh, U. S. Atty., and Gordon L. Becker, all of New York City, on the brief), for appellant.

John A. Lyon, of New York City (Platow & Lyon and Edward F. Platow, all of New York City, on the brief), for appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This appeal arises out of a collision between the respondent-appellant's steamship "Fort Ash" and the libellant's flotilla comprised of the tug "Brimstone," towing the barge "M. A. Lenahan" on her port, and the barge "A. J. Ruddy" on her starboard, side. The collision occurred at about 7:20 a. m. on April 23, 1945, in the East River just east of North Brother Island. The District Court found that previous to the accident the "Brimstone" was proceeding...

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