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THE EUREKA NO. 91

67 F.Supp. 101 (1946)

THE EUREKA NO. 91. THE CITIES SERVICE KANSAS. THE PERTH AMBOY NO. 2. THE REVERE. THE PENTUCKET. CITIES SERVICE OIL CO. v. DALZELL et al.

District Court, S. D. New York.

April 18, 1946.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, by Leo Hanan, all of New York City, for Berwind-White Coal Mining Co.

Hatch & Wolfe, by Carver Wolfe, all of New York City, for Cities Service Oil Co.

Burlingham, Veeder, Clark & Hupper, by Chauncey I. Clark, all of New York City, for Fred B. Dalzell.

Foley & Martin, by Christopher E. Heckman, all of New York City, for Olsen Water & Towing Co.

BONDY, District Judge.

On January 12, 1943, the barge "Eureka No. 91," owned by Berwind-White Coal Mining Company, while in tow of the tug "Perth Amboy No. 2," owned by Fred B. Dalzell, was sunk in a collision with the steam tanker "Cities Service Kansas," claimed by Cities Service Oil Company. Thereafter Berwind-White Coal Mining Company brought suit to recover damages for the loss of its barge "Eureka" against the "Kansas" and the "Perth Amboy" and the tugs "Revere...

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