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PARK S. S. CO. v. CITIES SERVICE OIL CO.

93 F.Supp. 201 (1950)

PARK S. S. CO., Limited, v. CITIES SERVICE OIL CO. THE CLEARWATER PARK.

United States District Court S. D. New York.

October 3, 1950.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, New York City, Eugene Underwood, New York City, of counsel, for libellant.

Hatch, Wolfe, Nash, & Ten Eyck, New York City, Barent Ten Eyck, New York City, of counsel, for respondent.

S. H. KAUFMAN, District Judge.

Libellant, the managing owner of the S. S. Clearwater Park, brings this libel to recover damages for breach of a "safe-berth" provision in a charter party. The damages are alleged to have been sustained as a result of the grounding of libellant's vessel in Hingham Bay, Boston Harbor, in December 1945 and in January 1946, while under charter to respondent.

On November 9, 1945, libellant chartered the Clearwater Park, a Canadian...

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