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BROOKLYN & RICHMOND FERRY CO. v. UNITED STATES

No. 189, Docket 20898.

167 F.2d 330 (1948)

BROOKLYN & RICHMOND FERRY CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 30, 1948.

Attorney(s) appearing for the Case

Crawford & Parsons, of New York City (H. Victor Crawford and L. J. Parsons, Jr., both of New York City, of counsel), for appellant.

John F. X. McGohey, of New York City (Henry L. Glenn, of New York City, of counsel), for appellee.

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

FRANK, Circuit Judge.

1. Since appellee's claim for payment under a mistake of law is based on the theory that, under § 237 of the Military Law as it stood prior to March 29, 1944, it was under no obligation to pay tolls for army vehicles, it is first necessary to determine whether that section applied to appellant's ferry. Appellant claims that it is not governed by § 237, but only by § 33-a of the Public Service Law. We believe, however, that appellant...

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