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IRA S. BUSHEY & SONS v. THE J. H. TUTTLE

Nos. 18579, 18566.

99 F.Supp. 63 (1951)

IRA S. BUSHEY & SONS, Inc. v. THE J. H. TUTTLE et al. RED STAR BARGE LINE, Inc. v. THE J. H. TUTTLE et al. THE ROSEBUSH. THE FLUSHING. THE SEABOARD NO. 35 et al.

United States District Court E. D. New York.

July 9, 1951.

Attorney(s) appearing for the Case

Foley & Martin, New York City, proctors for libellants (Edward J. Ryan, New York City, of counsel).

Lyeth & Voorhees, New York City, proctors for claimant Standard Oil Co. of California (Mark W. Maclay and Walter S. Avery, New York City, of counsel).

Macklin, Speer, Hanan & McKernan, New York City, proctors for Red Star Towing & Transp. Co. (Leo Hanan and Charles J. Carroll, New York City, of counsel).

BYERS, District Judge.

These causes, tried together, involve one state of facts, but will yield separate decrees; they arise from the collision between the claimant's S. S. J. H. Tuttle and the scow Rosebush, in the second tier, port side, of a three tier tow of the tug Flushing, which was proceeding northerly in the Arthur Kill, on April 1, 1947.

The place is agreed to have been generally between Buoy 4 marking the channel's easterly line, and the Barber...

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