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WARNER v. BUFFALO DRYDOCK CO.

No. 55.

67 F.2d 540 (1933)

WARNER et al. v. BUFFALO DRYDOCK CO.

Circuit Court of Appeals, Second Circuit.

November 6, 1933.

Attorney(s) appearing for the Case

Single, Atkins, Middleton & Tyler, of New York City (Horace T. Atkins and Christopher E. Heckman, both of New York City, of counsel), for appellants.

McKeehan, Merrick, Arter & Stewart and George William Cottrell, all of Cleveland, Ohio, and Burke & Desmond, of Buffalo, N. Y. (George William Cottrell, of Cleveland, Ohio, Thomas C. Burke, of Buffalo, N. Y., and Carl A. Schipfer, of Cleveland, Ohio, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

This appeal raises two questions. The first is whether the decree in the former suit in admiralty that dismissed a libel because of laches, which was founded upon the very cause of action asserted here, is a bar to the present action. The second is whether, in case the decree in admiralty be not a bar, the plaintiffs offered sufficient proof of defendant's negligence for submission to the jury.

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