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POLING RUSSELL, INC. v. UNITED STATES

No. 238, Docket 22322.

196 F.2d 939 (1952)

POLING RUSSELL, Inc., v. UNITED STATES et al. UNITED STATES v. NEWTOWN CREEK TOWING CO. et al. THE POLING BROS. NO. 12. THE DOVER. THE J. RAYMOND RUSSELL.

United States Court of Appeals Second Circuit.

Decided May 19, 1952.

Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., New York City, Charles A. Blocher, New York City, for appellant United States.

Alexander & Ash, New York City, Edward Ash, New York City, for appellee Russell Poling, Inc.

Bigham Englar Jones & Huston, New York City, Andrew J. McElhinney, New York City, for appellees Newtown Creek Towing Co., et al.

Before SWAN, Chief Judge, and AUGUSTUS N. HAND and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a decree in admiralty holding the United States solely liable for a collision on the morning of January 10, 1943, between its ship Dover and the barge Poling Bros. No. 12 in tow of the Motor Tug J. Raymond Russell, and holding the J. Raymond Russell free from fault. The Dover had come through Hell Gate on her way to Staten Island and was passing under the Brooklyn Bridge, slightly to the right of mid-river when...

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