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BLEAKLEY TRANSPORTATION CO. v. M. F. HICKEY CO.

No. 19727.

142 F.Supp. 326 (1956)

BLEAKLEY TRANSPORTATION CO., Inc., as owner of THE Scow HARVARD, Libellant, v. M. F. HICKEY CO., Inc., Respondent, and THE Tug FRANK BUCHANAN, Impleaded.

United States District Court E. D. New York.

June 28, 1956.

Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio, New York City, for libellant, by Thomas J. Irving, New York City, of counsel.

Macklin, Speer, Hanan & McKernan, New York City, for respondent, by Gerald J. McKernan, New York City, of counsel.

Foley & Martin, New York City, for impleaded respondent, by Warren J. Martin, New York City, of counsel.

GALSTON, District Judge.

The libel alleges that on September 15, 1950 the libellant's scow, Harvard, loaded with sand and gravel consigned to the respondent, was placed at the dock of the respondent and was seriously damaged by grounding on a hard, uneven bottom, which caused a twisting and straining of the scow. The fault charged is that the respondent failed to maintain berths and approaches to the dock in a safe condition for scows carrying cargoes to the respondent...

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