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UNITED STATES v. NEW YORK CENTRAL RAILROAD CO.

No. 63-72.

252 F.Supp. 508 (1965)

UNITED STATES of America, Libelant, v. NEW YORK CENTRAL RAILROAD CO., Boston and Albany Railroad Co., and New York Central System, Respondents.

United States District Court D. Massachusetts.

November 9, 1965.

Attorney(s) appearing for the Case

W. Arthur Garrity, Jr., U. S. Atty., John Paul Sullivan, Asst. U. S. Atty., Boston, Mass., Thomas F. McGovern, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., for plaintiff.

Richard J. Ferriter, Boston, Mass., for defendants.

FRANCIS J. W. FORD, District Judge.

In this action the United States seeks to recover from defendant railroads1 the cost of removal by the United States of an alleged obstruction to the navigable waters of the Chelsea River.

Under authorization of the Secretary of War given on March 8, 1917 defendants constructed, maintained and operated a drawbridge across the Chelsea River, a navigable waterway lying between Chelsea and East...

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