POLING RUSSELL, INC. v. UNITED STATES


97 F.Supp. 649 (1951)

POLING RUSSELL, Inc. v. UNITED STATES et al. UNITED STATES v. NEWTOWN CREEK TOWING CO. et al. THE POLING BROS. NO. 12. THE J. RAYMOND RUSSELL. THE DOVER.

United States District Court S. D. New York.

March 22, 1951.


Attorney(s) appearing for the Case

Alexander & Ash, New York City (Edward Ash, and Joseph A. Calamari, New York City, of counsel), for Poling Russell Inc.

John F. X. McGohey, U. S. Atty., New York City, by Edward R. Downing, and Herbert Ost, Asst. U. S. Atty., New York City, for the United States.

Bigham, Englar, Jones & Houston, New York City, (Andrew J. McElhinney, New York City, of counsel), for Newtown Creek Towing Co., et al.


CONGER, District Judge.

This suit arises out of a collision between the U. S. S. Dover and the barge Poling Bros. No. 12 in tow of the tug J. Raymond Russell in the East River early in the morning of January 10, 1943.

The barge owner, Poling-Russell, Inc. sued the United States, who in turn impleaded the motortug J. Raymond Russell, the Newtown Creek Towing Company, the tug owner and the Russell Bros. Towing Co., Inc. who had the tug under bareboat charter...

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