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THE WILLIAM C. ATWATER

No. 102.

110 F.2d 644 (1940)

THE WILLIAM C. ATWATER. THE PERTH AMBOY NO. 2. McLAIN LINE, Inc., v. FALL RIVER NAV. CO.

Circuit Court of Appeals, Second Circuit.

On Petition for Rehearing March 26, 1940.

Attorney(s) appearing for the Case

Bingham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and Richard F. Shaw, both of New York City, of counsel), for appellant Fall River Nav. Co.

Hagen & Eidenbach, of New York City (Henry C. Eidenbach and John S. Bull, both of New York City, of counsel), for appellees Perth Amboy No. 2, Fred B. Dalzell and Tice Towing Line.

Carl F. Vander Clute, of New York City, for libelants-appellees McLain Line, Inc., Dwyer Lighterage Inc., Harold L. Valentine, Inc., and Bartle J. Daly, Jr.

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

AUGUSTUS N. HAND, Circuit Judge.

On February 17, 1937, the S. S. Atwater was in collision with several of twenty-nine barges which were towed by the tug Perth Amboy No. 2. Damage resulted both to seven of the barges and to the Atwater. The collision occurred while the Atwater was at anchor in the main ship channel of the Upper Bay of New York Harbor, a short distance south of the Statue of Liberty. The owners of the damaged barges filed a libel against the Fall River...

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