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LAMBROS SEAPLANE BASE v. THE BATORY

Nos. 254, 255, Docket Nos. 23003, 23004.

215 F.2d 228 (1954)

LAMBROS SEAPLANE BASE, Inc. v. THE BATORY et al. GDYNIA-AMERICA SHIPPING LINES, Limited v. LAMBROS SEAPLANE BASE, Inc.

United States Court of Appeals, Second Circuit.

Decided August 17, 1954.

Attorney(s) appearing for the Case

Haight, Deming, Gardner, Poor & Havens, New York City (Richard G. Ashworth, and Robert L. Rosensweig, New York City, of counsel), for appellant.

Purdy, Lamb & Catoggio, New York City (Vincent A. Catoggio, New York City, of counsel), for appellee.

Before CHASE, Chief Judge, and HINCKS and HARLAN, Circuit Judges.

HINCKS, Circuit Judge.

The trial court found as follows. On August 8, 1953 the Batory, a Polish transatlantic liner with 500 passengers aboard, was proceeding eastward to Europe, Southampton, England, being its first port of call. When about twelve miles south of Fire Island and some fifty miles from New York, at 4:50 p. m., a seaplane was first sighted which proceeded to circle the ship from five to twenty times, "landed" on the water once briefly, took off, and...

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