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IRA S. BUSHEY & SONS v. UNITED STATES

No. 130, Docket 21174.

172 F.2d 447 (1949)

IRA S. BUSHEY & SONS, Inc. v. UNITED STATES.

United States Court of Appeals Second Circuit.

February 11, 1949.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for plaintiff-appellee.

Burlingham, Veeder, Clark & Hupper, of New York City (Eugene Underwood and B. E. Haller, both of New York City, of counsel), for defendant-appellant.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This appeal was taken by the government from a judgment in a suit against the United States brought under the provisions of the Tort Claims Act. 28 U.S.C.A. § 931 [now § 1346]. The plaintiff-appellee is the owner of what is known as Bushey Pier No. 7 on the northwesterly side of Gowanus Creek. The outer end of this pier was struck and damaged by the tanker A. C. Dodge, which for the purposes of this case is to be treated as owned and...

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