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HEFFERN v. THE DE WITT CLINTON

44 F.Supp. 550 (1942)

HEFFERN v. THE DE WITT CLINTON et al. THE SUPREME.

District Court, S. D. New York.

April 22, 1942.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for libellant.

Haight, Griffin, Deming & Gardner, of New York City (James McKown, Jr., of New York City, of counsel), for claimant.

RIFKIND, District Judge.

Motion by libellant for an order vacating an order of dismissal and restoring the case to the admiralty calendar.

The libel stated a claim for damages allegedly sustained by the barge "Supreme" on August 10, 1939, as a result of excessive swells or suction caused by the passing steamer De Witt Clinton. Issue upon the libel was joined on February 11, 1941.

Annexed to the claimant's answer were interrogatories addressed to libellant...

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