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McGHEE v. UNITED STATES

No. 77, Docket 20748.

165 F.2d 287 (1947)

McGHEE v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 8, 1947.

Attorney(s) appearing for the Case

George Whitefield Betts, Jr., and John F. X. McGohey, U. S. Atty., both of New York City (Hunt, Hill & Betts and Helen F. Tuohy, all of New York City, of counsel), for appellant.

Jacquin Frank and William L. Standard, both of New York City, for appellee.

Before L. HAND, AUGUSTUS N. HAND and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

When this case was before us upon the first appeal, we were not satisfied that the libellant had proved that the ship's plates had been strained on the first voyage; or that the ballast had been improperly stowed on the second, and that the stowage had also contributed to the eventual cracking of the plates on March 5, 1943; and we sent the case back for re-examination of these two issues.1 At that time the only...

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