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ROAH HOOK BRICK CO. v. ERIE R. CO.

No. 136, Docket No. 21522.

179 F.2d 601 (1950)

ROAH HOOK BRICK CO. v. ERIE R. CO. et al. UNITED STATES v. THE ROAH HOOK et al.

United States Court of Appeals Second Circuit.

Decided January 25, 1950.

Attorney(s) appearing for the Case

Chauncey I. Clark, of New York City (Burlingham, Veeder, Clark & Hupper and Hervey C. Allen, Jr., all of New York City, on the brief), for Agwilines, Inc.

Charles W. Hagen, of New York City (Hagen & Eidenbach, Henry C. Eidenbach, and Nelson J. Johnson, all of New York City, on the brief), for Erie R. Co.

William H. Postner, Sp. Atty., Dept. of Justice, New York City (J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y.), for the United States.

Frank C. Mason, of New York City (Mahar & Mason, of New York City, on the brief), for Roah Hook Brick Co.

George A. Garvey, of New York City, for The Jarka Corporation.

James Neil Senecal, of New York City, for Lee & Simmons, Inc., and Simmons, Lee Corporation.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for Carroll Towing Co.

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

CLARK, Circuit Judge.

These proceedings in admiralty, which were consolidated for trial below and for this appeal, concern the fixing of liability for damage to the scow Roah Hook and loss of a substantial part of her cargo by reason of the fact that in the early morning of November 12, 1943, she broke away from her berth at Pier 36, North River, and was damaged while drifting down the river. Since the facts found by the district court are supported by the evidence...

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