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CITY OF NEW YORK v. McALLISTER BROTHERS, INC.

No. 192, Docket 26983.

299 F.2d 227 (1962)

The CITY OF NEW YORK, Libelant-Appellee, v. McALLISTER BROTHERS, INC., Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 30, 1962.

Attorney(s) appearing for the Case

Christopher E. Heckman, New York City (Foley & Martin), New York City, for respondent-appellant.

Fred Iscol, New York City (Leo A. Larkin, Corporation Counsel of City of New York, Seymour B. Quel, New York City, of counsel), for libelant-appellee.

Before LUMBARD, Chief Judge, and CLARK and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

On a fair, calm night, with the tide 2'4" below mean high water, respondent's tug, the Dorothy McAllister, towed the United States Navy Derrick Y.D. 209 into the span of the unoffending Brooklyn Bridge. The City of New York having brought a libel for the resulting damage in the Southern District of New York, 46 U.S.C.A. § 740, Judge Murphy, after a brief trial, held the City entitled to a decree...

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