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THE CLEVECO

No. 10040.

154 F.2d 605 (1946)

THE CLEVECO. THE ADMIRAL. CLEVELAND TANKERS, Inc., v. SZWED. SAME v. ROCKS.

Circuit Court of Appeals, Sixth Circuit.

April 2, 1946.

Attorney(s) appearing for the Case

Lee C. Hinslea and Lucian Y. Ray, both of Cleveland, Ohio (Lee C. Hinslea, Robt. G. McCreary, and Lucian Y. Ray, all of Cleveland, Ohio, on the brief; Duncan, Leckie, McCreary, Schlitz & Hinslea, of Cleveland, Ohio, of counsel), for appellant.

Silas Blake Axtell, of New York City (Victor M. Todia and Harry A. Gordon, both of Cleveland, Ohio, and Silas Blake Axtell, of New York City, on the brief), for appellees.

Before MARTIN and McALLISTER, Circuit Judges, and FORD, District Judge.

McALLISTER, Circuit Judge.

On the afternoon of December 1, 1942, the tug Admiral with the barge Cleveco in tow, left her dock at Toledo, outward bound on Lake Erie, for Cleveland. The tug had a crew of thirteen men under the master, Captain Swanson, and the barge, a crew of seventeen, with Captain Smith as master. The barge was loaded with a cargo of fuel oil for delivery at the port of Cleveland. At the time the vessels cleared the harbor, about 2:45 P.M., a light...

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