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THE MARJORIE R

No. 17512.

66 F.Supp. 65 (1946)

THE MARJORIE R. THE SCRANTON. THE CLEVELAND. THE GRACE.

District Court, E. D. New York.

March 7, 1946.

Attorney(s) appearing for the Case

Mahar & Mason and Joseph M. Meehan, all of New York City, for libellant.

Hagen & Eidenbach and Charles Hagen, all of New York City, for claimant, Erie R. Co. (Tugs Scranton and Cleveland).

Kirlin, Campbell, Hickox & Keating, of New York City, and Harold B. Finn, of Washington, D. C., for Tug Grace and Grace Line, Inc.

INCH, District Judge.

Libellant, owner of the scow Marjorie R, sues the tugs Scranton and Cleveland, owned by the Erie Railroad Company, and the tug Grace, owned by the Grace Line, Inc., for damages received by the said scow.

Libellant is entitled to the usual decree, the real issue being as to whether the tug Grace or the other tugs, or both caused the damage.

There is little difficulty about material facts. About 9:50 p. m. December 21, 1944 the...

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