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UNITED STATES v. THE HELEN

No. 32, Docket 20677.

164 F.2d 111 (1947)

UNITED STATES v. THE HELEN et al.

Circuit Court of Appeals, Second Circuit.

November 20, 1947.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Harold J. Raby, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for Christie Scow Corporation, claimant-appellee.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Benjamin E. Haller, both of New York City, of counsel), for Pennsylvania R. Co., charterer, impleaded-respondent and appellee.

Bleakley, Platt, Gilchrist & Walker, of New York City (Frank A. Fritz, of New York City, of counsel), for T. Hogan & Sons, Inc., stevedore, impleaded-respondent and appellee.

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

SWAN, Circuit Judge.

Pursuant to 33 U.S.C.A. § 450, the United States filed a libel in rem against the scow Helen to recover a penalty of not less than $250 incurred by discharging a quantity of lumber into the tidal waters of New York Harbor in violation of 33 U.S.C.A. § 441. The scow's owner, Christie Scow Corporation, denied the allegations of the libel and filed a petition impleading the Pennsylvania Railroad...

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