Petition of PANAMA TRANSPORT CO.
THE CLIO.
Petition of UNITED STATES.
THE SPRING HILL.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
January 31, 1949.
January 31, 1949.
Attorney(s) appearing for the Case
Haight, Deming, Gardner, Poor & Havens, of New York City (Charles S. Haight and MacDonald Deming, both of New York City, of counsel), for appellees the Royal Norwegian Government, Ansgar Danielsen, Olaf Tollefsen, and Ottar Fjortoft.
Kirlin Campbell Hickox & Keating, of New York City (Edwin S. Murphy and Raymond T. Greene, both of New York City, of counsel), for Panama Transport Co.
John F. X. McGohey, of New York City (Edward L. Smith and Max Taylor, both of New York City, of counsel), for The United States.
Bigham, Englar, Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for Barber Asphalt Corporation, general agent of Tanker Spring Hill.
Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.
United States Court of Appeals Second Circuit.
FRANK, Circuit Judge.
In Erie R. Co. v. The Cornell No. 20, 2 Cir., 164 F.2d 763, 765, we said: "Determination of the facts of a lawsuit, when the witnesses disagree about them, always presents difficulties. As the facts necessarily occurred in the past, and not in the trial judge's presence, he must undertake an historical reconstruction; and the wiser historians tell us that any such reconstruction is inherently guessy. For the...
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