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CITY OF MOUNT VERNON, NEW YORK v. THE ESSO NO. 5

No. 242, Docket 23023.

214 F.2d 469 (1954)

CITY OF MOUNT VERNON, NEW YORK et al. v. THE ESSO NO. 5 et al. THE ESSO NO. 12. ESSO STANDARD OIL CO. v. CITY OF MOUNT VERNON, NEW YORK et al.

United States Court of Appeals, Second Circuit.

Decided July 23, 1954.

Attorney(s) appearing for the Case

Arthur M. Boal, New York City (Tompkins, Boal & Tompkins, New York City, on the brief), for libelants-appellees.

Raymond T. Greene, New York City (Kirlin, Campbell & Keating, Ira A. Campbell, and Stephen J. Buckley, New York City, on the brief), for respondent-appellant.

Before CLARK, HINCKS, and HARLAN, Circuit Judges.

CLARK, Circuit Judge.

This appeal concerns the responsibility for an accident on June 29, 1949, involving the striking of a drawbridge maintained and operated by appellees, the City of Mt. Vernon and the Town of Pelham, New York, over Eastchester Creek on South Fulton Avenue between the two municipalities, by appellant's Barge Esso No. 12 in tow to its Tug Esso No. 5. The district court has placed liability entirely upon the tug, sustaining appellees' libel for the...

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