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PETITION OF CITY OF NEW YORK

No. 305, Docket 28585.

332 F.2d 1006 (1964)

Petition of The CITY OF NEW YORK, Appellant, As Owner of the FERRYBOAT TOMPKINSVILLE for a limitation of or exoneration from liability, Rose Bernstein et al., Claimants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 10, 1964.

Attorney(s) appearing for the Case

Joel L. Cohen, New York City (Seymour B. Quel, Leo A. Larkin, New York City, on the brief), for appellant.

Solomon R. Agar, New York City (Kane, Grae & Agar, New York City, on the brief), for claimants-appellees Rose Bernstein, et al.

Joseph M. Brush, New York City (Brush & Brush, New York City, on the brief), for claimant-appellee Texaco, Inc.

Before LUMBARD, Chief Judge, and WATERMAN and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge.

This appeal by the City of New York from a final decree and a supplemental decree of the United States District Court for the Southern District of New York in an admiralty proceeding raises two principal questions: (1) whether it was proper to award prejudgment interest to the personal injury claimants; and (2) whether the granting of a $10,000 fee to the Special Commissioner, appointed by the court to determine damages, was excessive.

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