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FULTON LIGHTERAGE CO. v. NEW YORK & CUBA MAIL S.S. CO.

No. 157.

83 F.2d 244 (1936)

FULTON LIGHTERAGE CO. v. NEW YORK & CUBA MAIL S. S. CO.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Adrian J. O'Kane, both of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

The steamship Orizaba was moored on September 19 and 20, 1928, on the north side of Pier 14, East River. The barge Ripley, 85 feet long, 31½ feet beam, and with 7 feet freeboard when light, with a deckhouse extending 9 feet above the deck, was shifted on September 19, 1928, at 9 a. m. by a tug from Pier 15 to a berth alongside No. 1 hatch of the Orizaba on the north side of Pier 14. The barge was made fast by four 4½-inch lines, and was breasted...

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