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MERRITT-CHAPMAN & SCOTT CORP. v. UNITED STATES

No. 216, Docket 21275.

174 F.2d 205 (1949)

MERRITT-CHAPMAN & SCOTT CORPORATION v. UNITED STATES et al. THE W. S. A. II.

United States Court of Appeals Second Circuit.

April 25, 1949.

Attorney(s) appearing for the Case

Haight, Deming, Gardner, Poor & Havens, of New York City (Henry M. Hewitt, of New York City, of counsel), for libellant-appellee.

Purdy, Lamb & Catoggio, of New York City (Vincent A. Catoggio, Jr., of New York City, of counsel), for the United States.

John P. McGrath, Corp. Counsel, of New York City (Edwin M. Bourke, of New York City, of counsel), for respondent-appellant, City of New York.

Before CHASE, CLARK and FRANK, Circuit Judges.

PER CURIAM.

The City of New York has appealed from an interlocutory decree holding it solely liable for damage to the superstructure of the libellant's derrick Commander when it came into contact with the rotary span of the City's drawbridge over the Harlem River at 207th Street. The damage was caused while it was being towed through the west channel of the draw by a tug owned by the United States and supplied by The McAllister Lighterage Line, Inc., pursuant to an...

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