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McLAIN LINES v. THE ANN MARIE TRACY

No. 248, Docket 21308.

176 F.2d 709 (1949)

McLAIN LINES, Inc. v. THE ANN MARIE TRACY. THE MAVIS.

United States Court of Appeals Second Circuit.

Decided July 27, 1949.

Attorney(s) appearing for the Case

Foley & Martin, New York City, Proctors for appellant; Christopher E. Heckman and William J. O'Brien, New York City, Advocates.

Macklin, Brown, Lenahan & Speer, New York City, Proctors for claimant-appellee; Gerald J. McKernan and Martin J. McHugh, New York City, Advocates.

Before SWAN, and CHASE, Circuit Judges, and SMITH, District Judge.

SWAN, Circuit Judge.

While in tow of the tug Tracy on February 2, 1943, the coal barge Mavis sustained damage when swells were encountered which caused the tug to surge and roll against the barge. The owner of the Mavis libelled the tug, alleging negligence in the handling of its tow. The claimant of the tug impleaded the city of New York, alleging that the swells were caused by the negligence of the city's ferryboat, American Legion. After a trial the district court...

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