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LOWERY v. THE ELLEN S. BOUCHARD

Civ. Nos. 5006, 5017, 5185, 5251, 5256.

128 F.Supp. 16 (1955)

Frank A. LOWERY, Libellant, v. THE Tug ELLEN S. BOUCHARD, THE Motor Tug ELLEN S. BOUCHARD, Inc. and Bouchard Transporation Company, Inc., Claimant-Respondents, and four other cases.

United States District Court, N. D. New York.

January 31, 1955.

Attorney(s) appearing for the Case

Joseph J. Mailloux, Albany, N. Y., and Foley & Martin, New York City, for libellant and respondent-claimant, Frank A. Lowery, Christopher E. Heckman and Edward J. Ryan, New York City, of counsel.

James F. Dalton, Albany, N. Y., and Krisel, Beck & Taylor, New York City, for claimant-respondents & cross-libellants, Tug Ellen S. Bouchard, Motor Tug Ellen S. Bouchard, Inc. and Bouchard Transportation Co. Inc., Maurice A. Krisel, Max Taylor, Roman Beck, New York City, of counsel.

George J. Hatt, 2d, Albany, N. Y., and Mahar & Mason, New York City, for libellant, Kehoe Bros. Transportation Co., Inc., Frank C. Mason, New York City, of counsel.

Atkins, Weymar & Randell, New York City, and Joseph J. Mailloux, Albany, N. Y., for libellant, Cargill, Inc. and impleaded respondent, Inland Survey Bureau, Inc., Horace T. Atkins, New York City, of counsel.

FOLEY, District Judge.

This array of admiralty suits arises from a collision in the Hudson River at a point adjacent to the south end of the City of Albany. Four of the suits involve the original collision and the sinking of two barges and damage to others; the fifth suit is based upon the aftermath of such collision resulting in the running upon one of the sunken barges by the tug, Clayton P. Kehoe. The cases were tried together by the court. Although it is not an...

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