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McALLISTER BROS. v. THE JAMES J. MURRAY

Nos. 16248, 16387.

42 F.Supp. 62 (1941)

McALLISTER BROS., Inc., v. THE JAMES J. MURRAY et al. WALDIE v. THE JAMES McALLISTER et al. THE McALLISTER NO. 79. THE JAMES J. MURRAY. THE JAMES McALLISTER. THE MARY E. WALDIE.

District Court, E. D. New York.

December 5, 1941.

Attorney(s) appearing for the Case

Dow, McAllister & Symmers, of New York City, for respondent the James McAllister.

Hagen & Eidenbach, of New York City (Charles W. Hagen and Nelson J. Johnson, both of New York City, of counsel), for the James J. Murray.

Macklin, Brown, Lenahan & Speer, of New York City (John F. Quarto, of New York City, of counsel), for Susana Waldie.

GALSTON, District Judge.

By stipulation at the trial it was agreed that the libellants Waldie and McAllister Bros. Inc., are entitled to decrees against either or both respondents.

On the night of March 4, 1941 the tug James McAllister took in tow four light scows at Raritan, New Jersey, and proceeded on its way on a course between Staten Island and Shooters Island, about in the middle of the channel, favoring its starboard side. The James J. Murray, a small...

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