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CIRCLE LINE SIGHTSEEING YACHTS, INC. v. STORBECK

No. 118, Docket 28205.

325 F.2d 338 (1963)

CIRCLE LINE SIGHTSEEING YACHTS, INC., Petitioner-Appellee, v. Mary E. STORBECK, Claimant-Appellant, and The City of New York, Claimant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 3, 1963.

Attorney(s) appearing for the Case

Walter L. Hopkins, of Pyne, Smith & Wilson, New York City (Warner Pyne, William A. Wilson, and Anthony M. O'Donnell, of Pyne, Smith & Wilson, New York City, on the brief), for petitioner-appellee.

Nathaniel A. Kahn, Mineola, N. Y. (Abraham Brinn, Mineola, N. Y., on the brief), for claimant-appellant.

Edward J. McLaughlin, New York City (Leo A. Larkin, Corp. Counsel of the City of New York, and Seymour B. Quel, New York City, on the brief), for claimant-appellee.

Before SWAN, CLARK, and MARSHALL, Circuit Judges.

CLARK, Circuit Judge.

Anna Lee McMahon died as the result of injuries sustained in the tragic collision on September 6, 1956, of Circle Line's M. V. "Sightseer VIII" with the Madison Avenue Bridge over the Harlem River, in which Circle Line and the City of New York were held mutually at fault. See Circle Line Sightseeing Yachts, Inc. v. City of New York, 2 Cir., 283 F.2d 811, cert. denied 365 U.S. 879, 81 S.Ct. 1030, 6 L.Ed.2d 191...

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