GALSTON, District Judge.
Dredge No. 1, owned and operated by the respondent, American Pipe & Construction Company, was engaged, prior to October 15, 1935, in excavating in the New York State Barge Canal over an area beginning at Lock 16 to a point some distance to the eastward, and is alleged while so doing to have dislodged and raised a boulder from the bed of the canal and to have left the boulder lying in the navigable waters of the canal.
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