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AMERICAN STEAMSHIP CO. v. ERIE-LACKAWANNA RAILROAD CO.

No. 3, Docket 29290.

352 F.2d 794 (1965)

AMERICAN STEAMSHIP COMPANY, Libelant-Appellant, v. ERIE-LACKAWANNA RAILROAD COMPANY, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 8, 1965.

Attorney(s) appearing for the Case

Fenton F. Harrison, Buffalo, N. Y. (Coffey, Heffernan & Harrison, Buffalo, N. Y., on the brief), for libelant-appellant.

Arthur E. Otten, Buffalo, N. Y. (Moot, Sprague, Marcy, Landy & Fernbach, Buffalo, N. Y., on the brief), for respondent-appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

This is an in personam action, based upon negligence, in which the libelant claims that on September 30, 1959 its steamer, the EDMUND P. SMITH, received hull damage in excess of $100,000 due to the negligence of the respondent, as a commercial wharfinger, because it misrepresented to the officers and crew of the SMITH the conditions and the depth of water of the Buffalo River at the berth at its dock to which the SMITH made fast for...

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