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THE MAMIE & FRANK

3 F.Supp. 62 (1933)

THE MAMIE & FRANK. THE PERTH AMBOY NO. 3. THE CHARLES A. OWEN.

District Court, S. D. New York.

February 23, 1933.

Attorney(s) appearing for the Case

Purdy & Purdy, of New York City (John E. Purdy, of New York City, of counsel), for libelant.

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Crawley, of New York City, of counsel), for libelants Dittmar and Northwestern Fire & Marine Ins. Co.

Park, Lynch & Hagen, of New York City (Anthony V. Lynch, Jr., and Henry C. Eidenbach, both of New York City, of counsel), for claimant of The Perth Amboy, No. 3.

FRANK J. COLEMAN, District Judge.

The tow, which included the two damaged barges, the Mamie & Frank and the Charles A. Owen, went adrift while temporarily moored at a Brooklyn dock, and the questions presented are whether this was due to the sole negligence of the tug Perth Amboy No. 3, which had them in charge, and whether there was negligence on the part of the barges or their owners in the failure to prevent the resultant damage by the use of anchors.

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