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NORTH RIVER BARGE LINE v. CHILE S. S. CO.

No. 230, Docket 23022.

213 F.2d 882 (1954)

NORTH RIVER BARGE LINE v. CHILE S. S. CO., Inc., et al. THE CREEK. THE MARY L. McALLISTER.

United States Court of Appeals, Second Circuit.

Decided June 2, 1954.

Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio, New York City, (Edmund F. Lamb, New York City, of counsel) for libellant-appellee.

Macklin, Speer, Hanan & McKernan, New York City, (Gerald J. McKernan and James N. Allan, New York City, of counsel) for respondent-appellant.

Foley & Martin, New York City, (Christopher E. Heckman, New York City, of counsel) for McAllister Lighterage Line, Inc.

Before CHASE, Chief Judge, and SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The opinion and findings of the district judge, reported in 111 F.Supp. 895, sufficiently state the facts. As he saw and heard the witnesses, we cannot say that his findings of fact are "clearly erroneous." We regard as wholly untenable Chile's argument, as applied to the facts, that the date of the oral charter, February 20, 1948 — when there was likely to be heavy ice on the river — shows...

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