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GEO. W. ROGERS CONST. CORP. v. UNITED STATES

118 F.Supp. 927 (1954)

GEO. W. ROGERS CONST. CORP. v. UNITED STATES et al. STATEN ISLAND RAPID TRANSIT RY. CO. v. UNITED STATES et al.

United States District Court S. D. New York.

January 15, 1954.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., Kirlin, Campbell & Keating, New York City (Gilbert S. Fleischer and Eugene F. Gilligan, New York City, of counsel), for respondent United States.

Burlingham, Veeder, Clark & Hupper, New York City (Adrian J. O'Kane and Richard W. Palmer, New York City, of counsel), for claimants-respondents-impleaded.

LEIBELL, District Judge.

The Findings of Fact in this case tell the story of a very unusual accident which occurred at the B. & O.'s bridge over the Arthur Kill, at Staten Island, New York. An inference of fault arises against The Cayuse, a moving vessel which collided with the properly-moored Whirley No. 32 and pushed The Whirley into a lawful bridge. The Providence, 2 Cir., 67 F.2d 865; Carr v. Hermosa, 9 Cir.,

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