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NATIONAL MOTORSHIP CORPORATION v. PENNSYLVANIA R. CO.

No. 172, Docket 20475.

160 F.2d 510 (1947)

NATIONAL MOTORSHIP CORPORATION v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

February 26, 1947.

Attorney(s) appearing for the Case

Chauncey I. Clark and Burlingham, Veeder, Clark & Hupper, all of New York City (Frederic Conger, of New York City, of counsel), for tug Chester, The Pennsylvania Railroad Company, claimant-appellant.

Frank C. Mason and Mahar & Mason, all of New York City, for appellee.

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

L. HAND, Circuit Judge.

The Pennsylvania Railroad Company appeals from an interlocutory decree in the admiralty, holding it solely liable for a collision in New York Harbor off the Battery upon a clear afternoon on Christmas Day, 1944. The railroad's tug, "Chester," was rounding the Battery, bound up the East River with a railroad float on her port hand; the collision was between the starboard corner of the float and the starboard bow of the motor vessel, "Clevelander...

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