NORTH ATLANTIC & GULF S. S. CO. v. UNITED STATES

No. 49, Docket 22781.

209 F.2d 487 (1954)

NORTH ATLANTIC & GULF S. S. CO., Inc. v. UNITED STATES.

United States Court of Appeals, Second Circuit.

Decided January 14, 1954.


Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City (Eugene Underwood, New York City, and Frank I. Fallon, Scarsdale, of counsel), for plaintiff-appellee.

J. Edward Lumbard, U. S. Atty., New York City, Pyne, Lynch & Smith, New York City, Warren E. Burger, Asst. Atty. Gen., Paul A. Sweeney and Morton Hollander, Washington, D. C., Attorneys (Leo J. Curren, Attorney, Department of Justice, New York City, Anthony V. Lynch, Jr., Brooklyn, of counsel), for defendant-appellant.

Before CHASE, Chief Judge, and AUGUSTUS N. HAND and MEDINA, Circuit Judges.


CHASE, Chief Judge.

The sole question presented on this appeal is whether certain items allowed by the court below in a retaxation of costs were within its jurisdiction to tax as costs against the United States.

A steamship owned by the government was being towed in the East River by four tugs when it broke loose and crashed into and damaged some piers, on the Manhattan side, struck some ships moored there, killed some persons and injured others. The appellee...

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