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C. F. HARMS CO. v. ERIE R. CO.

No. 224, Docket 20935.

167 F.2d 562 (1948)

C. F. HARMS CO. v. ERIE R. CO. et al.

Circuit Court of Appeals, Second Circuit.

April 28, 1948.

Attorney(s) appearing for the Case

Gilbert S. Fleischer, of New York City, and J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y., for appellant.

Charles W. Hagen, of New York City, for Erie R. Co.

Christopher E. Heckman and Foley & Martin, all of New York City, for libellant.

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

L. HAND, Circuit Judge.

The United States appeals from a decree in the admiralty, awarding damages against it for injury to a scow belonging to the libellant and chartered to the Erie Railroad. The libellant sued the Erie Railroad as charterer; and the Railroad impleaded the United States under the Tucker Act,1 alleging that the scow was damaged while "under the complete control and direction of the Government." The facts as found by the...

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