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PETITION OF MOORE-McCORMACK LINES

141 F.Supp. 795 (1955)

Petition of MOORE-McCORMACK LINES, Inc., as owner of THE Steamship MORMACKITE for exoneration from or limitation of liability. MOORE-McCORMACK LINES, Inc., Cross-Libellant, v. Claire S. McMAHON, as executrix under the last will and testament of Patrick McMahon, deceased, Respondent. MOORE-McCORMACK LINES, Inc., Cross-Libellant, v. Luisa Virginia WALL, as Administratrix of the goods, etc., of Edward T. Wall, Respondent. MOORE-McCORMACK LINES, Inc., Cross-Libellant, v. Jean O. RICHARDSON, as executrix under the last will and testament of Harold R. Richardson, deceased, Respondent.

United States District Court S. D. New York.

November 15, 1955.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, for petitioner and cross-libellant. Eugene Underwood, Benjamin E. Haller, New York City, Robert B. Pohl, Brooklyn, N. Y., of counsel.

Paul C. Matthews, New York City, for respondent Claire S. McMahon. Edwin M. Bourke, New York City, of counsel.

Trapp & Hohmann, Bigham, Englar, Jones & Houston, New York City, for cross-respondents, Luisa Virginia Wall and Jean O. Richardson. William F. Andersen, Pelham, N. Y., of counsel.

CLANCY, District Judge.

This is a motion to sustain exceptions to a pleading described as a cross-libel. The cross-libellant is the petitioner in a proceeding to limit its liability arising out of the sinking of its vessel at sea. In the limitation proceeding the administrators of several officers as well as members of the crew filed claims for personal injuries and death. Thereupon the cross-libellant filed its libel claiming non-contractual indemnity from the estates...

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