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  5. 32 F.Supp. 195 (1940)
 

THE ROB

Nos. A-15771, A-15788.

32 F.Supp. 195 (1940)

THE ROB. THE JOHN D. SCHOONMAKER. W. E. HEDGER TRANSP. CORPORATION v. CORNELL STEAMBOAT CO. THE E. PHALEN, JR. THE TOP SERGEANT. M. & J. TRACY, INC., v. CORNELL STEAMBOAT CO. et al.

District Court, E. D. New York.

March 20, 1940.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for W. E. Hedger Transp. Corporation.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine, of New York City, of counsel), for Cornell Steamboat Co.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for M. & J. Tracy, Inc.

BYERS, District Judge.

On June 11, 1939, at about 8:25 p. m., daylight saving time, a northbound tow of the Cornell Steamboat Company (hereinafter called Cornell) passed a southbound tow of the W. E. Hedger Transportation Corporation (hereinafter called Hedger) in the Hudson River, off Magdalen Island on the east shore, which is nearly two miles south of a point opposite Saugerties.

The passing was during an unusually heavy squall which accompanied a thunder...

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