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GREAT LAKES D. & D. CO. v. METROPOLITAN S. & G. CORP.

Nos. A-17734, A-18272.

82 F.Supp. 595 (1949)

GREAT LAKES DREDGE & DOCK CO. v. METROPOLITAN SAND & GRAVEL CORPORATION et al. METROPOLITAN SAND & GRAVEL CORPORATION v. THE GEO. H. JACKSON et al. THE GEO. H. JACKSON. THE METROPOLITAN NO. 3. THE G-G NO. 202. THE G-G NO. 32.

United States District Court E. D. New York.

February 15, 1949.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City (John F. Gerity and Edward C. Biele, both of New York City, of counsel), for Great Lakes Dredge & Dock Co.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for Metropolitan Sand & Gravel Corporation.

BYERS, District Judge.

The steamtug Geo. H. Jackson capsized and sank in the waters of Newark Bay on October 30, 1945, at about 1:45 A.M., E.W.T., while engaged in assisting, or as the result of making an effort to assist, a Metropolitan tow to make its way into the channel running northeasterly from Shooters Island to the upper reaches of the Bay.

These two causes, which were consolidated for trial, present the conflicting claims of the respective owners...

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