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PARTENREEDEREI WALLSCHIFF v. THE PIONEER

Nos. 13101, 13549.

164 F.Supp. 421 (1958)

PARTENREEDEREI WALLSCHIFF owner of THE M/V WALLSCHIFF, Libelant, v. THE Steamer PIONEER, her engines, etc., and The Cleveland-Cliffs Iron Co., owner of the Steamer Pioneer, Respondents. The Cleveland-Cliffs Iron Co., as chartered owner and operator of the Steamer Pioneer, Cross-libelant, and M/V Wallschiff, her engines, etc., Cross-respondent. AMERICAN SEATING COMPANY et al., Libelants, v. THE Steamer PIONEER, her engines, etc., Respondents.

United States District Court E. D. Michigan, S. D.

May 21, 1958.

Attorney(s) appearing for the Case

Foster, Meadows & Ballard, Detroit, Mich., Haight, Deming, Gardner, Poor & Havens, New York City, for Partenreederei Wallschiff and others.

Hill, Lewis, Andrews, Granse & Adams, Detroit, Mich., for American Seating Co. and others.

McCreary, Hinslea & Ray, Cleveland, Ohio, and Watson, Lott & Wunsch, Detroit, Mich., for respondents.

O'SULLIVAN, District Judge.

On October 2, 1953, at about 11:00 P.M., a German motorship, the Wallschiff, and the Steamer Pioneer came into collision on the Canadian side of the St. Clair River, opposite the City of Port Huron, Michigan. Both ships were damaged, and the Wallschiff was sunk.

The Pioneer, a conventional Great Lakes ore carrier, with an overall length of five hundred feet and a cargo of nine thousand tons of iron ore, was downbound in the river...

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