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RED STAR TOWING & TRANSP. CO. v. THE RUSSELL NO. 7

No. 17541.

70 F.Supp. 713 (1947)

RED STAR TOWING & TRANSP. CO., Inc., v. THE RUSSELL NO. 7. THE SEABOARD NO. 35.

District Court, E. D. New York.

March 20, 1947.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman and Louis J. Lawrence, both of New York City, of counsel), for libellant.

Alexander & Ash, of New York City (Edward Ash, of New York City, of counsel), for claimant.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for respondent-impleaded.

GALSTON, District Judge.

The Seaboard No. 35, loaded with ballast which was to be discharged at the dock of Tully & DiNapoli, Inc., respondent-impleaded, in Flushing Creek, had on June 7, 1945 been brought to that dock by a Russell tug. By that tug it was placed outside of the Radio, another scow. That berth was maintained until the night of June 8, when another Russell tug, which is the tug libelled in this action, arrived with the Fowler, another loaded scow...

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