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NEW YORK TRAP ROCK CORP. v. COLONIAL SAND & S. CO.

No. 19096.

115 F.Supp. 96 (1953)

NEW YORK TRAP ROCK CORP. v. COLONIAL SAND & STONE CO., Inc. et al. THE FRANK C. MERTZ. THE BUCHANAN SISTERS.

United States District Court E. D. New York.

March 2, 1953.

Attorney(s) appearing for the Case

Hagen & Eidenbach, New York City, proctors for libelant, by Henry C. Eidenbach, Richard A. Hagen, New York City, advocates.

Macklin, Speer, Hanan & McKernan, New York City, proctors for respondent Colonial Sand & Stone Co., Inc., by Leo F. Hanan, Richard S. Leahy, New York City, advocates.

Foley & Martin, New York City, proctors for tug Buchanan Sisters, by Christopher E. Heckman, Edward J. Ryan, New York City, advocates.

INCH, Chief Judge.

This is an action in admiralty by New York Trap Rock Corporation to recover damages resulting from the sinking of its scow Frank C. Mertz on November 9, 1947, when it became grounded on an obstruction near the north dock of the consignee, Colonial Sand & Stone Co., Inc. at Astoria, New York.

Libelant contends that the consignee, Colonial Sand & Stone Co., Inc. failed to furnish the scow with a safe and proper berth. The fault alleged...

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