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THE MACK

No. 16206.

43 F.Supp. 270 (1942)

THE MACK. THE GERD H. HENJES.

District Court, E. D. New York.

February 11, 1942.

Attorney(s) appearing for the Case

Alexander & Ash and Joseph M. Meehan, all of New York City, for libellant.

Robert F. Donoghue, of New York City, for claimant-respondent.

ABRUZZO, District Judge.

The libellant seeks a decree for damages claimed to have been incurred by its coal box "Mack" while it was being towed by claimant-respondent's Diesel tug Gerd H. Henjes on the morning of January 5, 1941.

The master of the claimant's tug has been charged with negligence by the libellant. This is the only issue to be determined. The Mack was damaged by heavy seas and the pounding of the waves against it. It is the libellant's contention...

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