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NASSAU COUNTY BRIDGE AUTHORITY v. TUG DOROTHY McALLISTER

No. 247, Docket 27840.

315 F.2d 631 (1963)

NASSAU COUNTY BRIDGE AUTHORITY, as custodian and user of Atlantic Beach Bridge, Libellant-Appellant, v. TUG DOROTHY McALLISTER and her owner McAllister Brothers, Inc., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 18, 1963.

Attorney(s) appearing for the Case

Eugene Underwood, of Burlingham, Underwood, Barron, Wright & White, New York City (Stanley R. Wright and E. Lisk Wyckoff, Jr., of Burlingham, Underwood, Barron, Wright & White, New York City, on the brief), for libellant-appellant.

Vincent A. Catoggio, of Purdy, Lamb & Catoggio, New York City, for respondent-appellee.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District Judge.

PER CURIAM.

Affirmed on the opinion of Judge Abruzzo in concluding that the damage was caused solely by failure of the bridge tender to give a timely danger signal. The applicable regulations, 33 C.F.R. 203.180(a), (b) and (d) (2) (i), can only be construed as requiring a prompt reply to the signal of an approaching...

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