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McALLISTER BROS., INC. v. U.S.

No. 152, Docket 89-6101.

890 F.2d 582 (1989)

McALLISTER BROTHERS, INC., the BARGE McALLISTER # 80, Its Owners, Underwriters, etc., and the Cargo Laden Aboard Said Vessel, Its Owners and Underwriters, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 17, 1989.

Attorney(s) appearing for the Case

James M. Leonard, New York City (Michael Garabedian, New York City, of counsel), for appellants.

Janis G. Schulmeisters, Attorney in Charge, Torts Branch, Civil Div., U.S. Dept. of Justice, New York City (Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Benito Romano, U.S. Atty., S.D.N.Y., of counsel), for appellee.

Before OAKES, Chief Judge, and PIERCE and RUBIN, Circuit Judges.

OAKES, Chief Judge:

This appeal is by the losing plaintiffs in an action against the United States for $3.5 million in damages resulting from a grounding of their barge on Diamond Reef in the Hudson River, New York. Judge Charles H. Tenney of the United States District Court for the Southern District of New York held that the cause of the grounding was not due to any misrepresentation or omission in navigational publications, to the scale of the charts involved, or...

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