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O'BOYLE v. THE VISITOR

No. 345 of 1949.

100 F.Supp. 724 (1951)

O'BOYLE et al. v. THE VISITOR et al. THE CATHERINE O'BOYLE. THE AXELDYK.

United States District Court E. D. Pennsylvania.

November 1, 1951.

Attorney(s) appearing for the Case

John A. Friedrich, Krusen, Evans & Shaw, Philadelphia, Pa., proctor for libellant.

Conlen, LaBrum & Beechwood, Philadelphia, Pa., attorneys for respondent tug Visitor.

Benjamin F. Stahl, Jr., Clark, Brown, McCown, Fortenbaugh & Young, Philadelphia, Pa., and Burlingham, Veeder, Clark & Hupper, New York City, proctors for claimant, as owner of The Axeldyk.

CLARY, District Judge.

This is an action in rem by the Owners of the Tank Scow Catherine O'Boyle against the Tug Visitor, which had it in tow, and the S. S. Axeldyk with which The Catherine O'Boyle collided in the Delaware River, and was damaged. The amount of the damage has been agreed upon by the parties and I am asked to determine only the question of the respective liability of the S. S. Axeldyk and the Tug Visitor...

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