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CLEARY BROS. v. THE WYOMISSING

Nos. 18829, 18945.

115 F.Supp. 99 (1953)

CLEARY BROS. Inc. v. THE WYOMISSING et al. LEHIGH VALLEY R. CO. v. THE WYOMISSING et al. THE NO. 62. THE EUREKA NO. 109. THE LEHIGH VALLEY NO. 473.

United States District Court E. D. New York.

April 16, 1953.

Attorney(s) appearing for the Case

Foley & Martin, New York City, by Warren J. Martin, New York City, for libelant Cleary Bros., Inc.

Pyne, Lynch & Smith, New York City, by Vincent J. Ryan, Babylon, N. Y., for libelant Lehigh Valley R. Co.

Macklin, Speer, Hanan & McKernan, New York City, by Gerald J. McKernan, New York City, for respondent Reading Co.

Burlingham, Hupper & Kennedy, New York City, by Eugene Underwood, New York City, Robert F. Lynch, Long Island, N. Y., for respondent Berwind-White Coal Mining Co.

INCH, Chief Judge.

At about 11:30 P.M. on March 29, 1948, the tug Wyomissing arrived at the foot of 33rd Street, East River, with orders to tow the loaded coal barge Eureka 109 to 14th Street.

The tug there found the coal barge moored between a sand scow, the Penn 10, which was made fast to the bulkhead, and a large steel barge, the Eureka 117. All three boats were loaded. The bows of the Penn 10 and the Eureka 109 were headed upstream, and the bow of the...

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