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NEW YORK CENT. R. CO. v. AMERICAN DOCK CO.

Nos. 131-8, 132-79.

80 F.Supp. 368 (1947)

NEW YORK CENT. R. CO. v. AMERICAN DOCK CO. AMERICAN DOCK CO. v. NEW YORK CENT. R. CO. The PELHAM.

United States District Court S. D. New York.

July 2, 1947.

Attorney(s) appearing for the Case

Frederick L. Wheeler, of New York City (James L. More and Gerald E. Dwyer, both of New York City, of counsel), for libelant.

Herman Goldman, of New York City (Harry G. Liese, of New York City, of counsel), for respondent American Dock Co.

COXE, District Judge.

These cross suits grow out of the sinking of the barge Pelham on September 28, 1941, in the slip between Piers 1 and 2 of the American Dock Company at Tompkinsville, Staten Island. The barge was at the time under charter to the New York Central Railroad Company, and sank as a result of coming into contact with a submerged pile while being towed out of the slip.

The libelant in the main suit is the New York Central Railroad Company, the...

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