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TODD SHIPYARDS CORP. v. LEE & SIMMONS, INC.

Civ. A. No. 18149.

109 F.Supp. 442 (1947)

TODD SHIPYARDS CORP. v. LEE & SIMMONS, Inc.

United States District Court E. D. New York.

Supplemental Opinion April 1, 1952.

Attorney(s) appearing for the Case

Hagen & Eidenbach, New York City, for respondent for motion (Charles W. Hagen, New York City, advocate).

Crowell & Rouse, New York City, for libelant (George Varian, New York City, advocate) opposed.

KENNEDY, District Judge.

Respondent excepts to the libel on grounds which will be made clear later. On October 1, 1943, libelant chartered from the respondent the derrick lighter St. Nicholas. It is alleged that on October 15, 1943, the boom and mast of St. Nicholas collapsed, and that this occurrence was brought about solely because of the unseaworthy condition of St. Nicholas at the time she went on charter. Libelant claims it then performed necessary repairs, for...

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