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THE MICHAEL WEIDNER

No. 15654.

38 F.Supp. 488 (1941)

THE MICHAEL WEIDNER. THE JAMES F. RYAN. THE VICTOR. THE CHOCTAW.

District Court, E. D. New York.

April 14, 1941.

Attorney(s) appearing for the Case

Platow, Lyon & Stebbins, of New York City, (E. F. Platow, of New York City, of counsel), for libelant.

Dow, McAllister & Symmers, of New York City, for claimant.

GALSTON, District Judge.

On October 24, 1938, the barges Michael Weidner and James F. Ryan, with three other loaded barges, were eastbound on the New York State Barge Canal in tow of the motor tug Choctaw. The tow was in tandem formation, the Michael Weidner being the head boat and the James F. Ryan the third boat in the tow.

Shortly after the tow left lock 34, at about 6:50 P. M., between daylight and dark, the weather being fair, as the tow approached the...

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