CURTIS BAY TOWING CO. v. TUG KEVIN MORAN

No. 109, Docket 20381.

159 F.2d 273 (1947)

CURTIS BAY TOWING CO. v. TUG KEVIN MORAN, Inc., et al.

Circuit Court of Appeals, Second Circuit.

January 9, 1947.


Attorney(s) appearing for the Case

Joseph W. Henderson, of Philadelphia, Pa., Kirlin, Campbell, Hickox & Keating, of New York City, and Rawle & Henderson, of Philadelphia, Pa., (Harold B. Finn, of New York City, and Harrison G. Kildare, of Philadelphia, Pa., of counsel), for Curtis Bay Towing Co. of Pennsylvania, appellant.

Chauncey I. Clark, and Burlingham, Veeder, Clark & Hupper, all of New York City (Charles E. Wythe, of New York City, of counsel), for appellees.

Howard M. Long, of Philadelphia, Pa., and Hill, Rivkins & Middleton, of New York City (Thomas H. Middleton, of New York City, of counsel), for damage-claimant, Ritner K. Walling.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from an order (entered in a proceeding to limit a shipowner's liability1), which denied the motion of a claimant in that proceeding to vacate an injunction against suing the petitioners in Pennsylvania, and to dismiss the proceeding. Two questions arise: (1) Whether the appeal lies; (2) whether the injunction was proper. The facts are as follows. The petition alleged that one petitioner was the...

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