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HESS, INC. v. THE ARIZONA

149 F.Supp. 733 (1955)

HESS, Inc., Libellant, v. Tanker, THE ARIZONA, Perseveranza Societa de Navigazione, Claimant and Claimant-Impleaded, THE Tug CAROL MORAN, THE Tug JOSEPH H. MORAN, Inc., Claimant and Claimant-Impleaded, THE Tug SHEILA MORAN, THE Tug EDMOND J. MORAN, Inc., Claimant and Claimant-Impleaded, Moran Towing & Transportation Co., Inc., Respondent and Respondent-Impleaded. PERSEVERANZA SOCIETA DE NAVIGAZIONE, owner of the Tanker THE ARIZONA, Libellant, v. THE Tugs CAROL MORAN and THE SHEILA MORAN their respective engines, tackle, apparel, etc., Moran Towing & Transportation Co., Inc. and Hess, Inc., Respondent.

United States District Court S. D. New York.

December 12, 1955.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for libellant-respondent, Hess, Inc., Charles A. Van Hagen, Jr., New York City, of counsel.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for libellant, Perseveranza Societa de Navigazione, George B. Warburton, William R. Vincent, New York City, of counsel.

Burlingham, Hupper & Kennedy, New York City, for Moran Towing & Transportation Co., respondents, Adrian J. O'Kane, H. Barton Williams, New York City, of counsel.

Herbert P. Reid, New York City, for respondent Perseveranza Societa de Navigazione.

CLANCY, Chief Judge.

The decisive finding in this case is the determination whether or not the Arizona's own backing motion brought her stern to the area below the south end of the Hess pier where the December chart showed shallow water. The best witness of the Arizona's movement would be the only man looking at her — the man on the dock, Otterson, the Hess employee. His testimony is that when he first saw the vessel she was 400 feet off the pier and aligned...

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