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IN RE PETTERSON LIGHTERAGE & TOWING CORPORATION

154 F.Supp. 461 (1957)

Matter of The Petition of PETTERSON LIGHTERAGE & TOWING CORPORATION, as owner of THE Lighter KOALA, for exoneration from or limitation of liability. AMERLUX STEEL PRODUCTS CORPORATION, Libellant, v. M/V HOUFFALIZE, her engines, etc., Compagnie Maritime Belge (Lloyd Royal) S.A. and Trans-Oceanic Terminal Corp., Respondents, and Transoceanic Terminal Corporation, Respondent-Impleaded. COMPAGNIE MARITIME BELGE (Lloyd Royal), S.A., Cross-Libellant, v. AMERLUX STEEL PRODUCTS CORPORATION, Cross-Respondent. PETTERSON LIGHTERAGE & TOWING CORPORATION, as owner of THE Lighter KOALA, Libellant, v. BELGIAN LINE, Incorporated, formerly known as Atlantic Overseas Corporation, and Compagnie Maritime Belge (Lloyd Royal), S.A., Respondents, and Transoceanic Terminal Corporation, Respondent-Impleaded.

United States District Court S. D. New York.

September 5, 1957.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, George B. Warburton, New York City, of counsel, for libellant-cross-respondent Amerlux Steel Products Corp.

Hill, Betts & Nash, New York City, J. Newton Nash, Eli Ellis, Robert H. Peterson, New York City, of counsel, for Compagnie Maritime Belge (Lloyd Royal), S.A., et al.

Atkins & Weymar, New York City, Horace T. Atkins, William Weymar, New York City, of counsel, for respondent-impleaded Transoceanic Terminal Corp.

Kirlin, Campbell & Keating, New York City, Edward L. Smith, New York City, of counsel, for Petterson Lighterage & Towing Corp.

McGOHEY, District Judge.

These four causes which were tried together arise from the following event which, it is conceded, occurred at about 1:45 A.M. on January 15, 1953. The lighter Koala while tied up during calm weather alongside the vessel Houffalize in the slip south of Pier 14, New York, in the North River, careened against the vessel and cast her cargo of 442 tons of steel. This had been discharged several hours earlier from the vessel whose owner had chartered...

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