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ARUNDEL CORPORATION v. THE CITY OF CALCUTTA

No. 20232.

172 F.Supp. 593 (1958)

ARUNDEL CORPORATION, as owner of THE SCOW A-65, Libelant, v. THE CITY OF CALCUTTA, her engines and tackle, etc., and Ellerman Lines, Ltd., Claimant, Respondents.

United States District Court E. D. New York.

October 27, 1958.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for libelant, Arundel Corp. Christopher E. Heckman, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for respondents The S.S. City of Calcutta and Ellerman Lines, Ltd. Edward L. Smith, James Proud, New York City, of Counsel.

MOORE, Circuit Judge (sitting by designation).

The Arundel Corporation, as owner of the scow A-65, filed a libel against the S.S. City of Calcutta (referred to as Calcutta), claiming damages to the A-65 which sank after colliding with the Calcutta which was anchored in the main channel of Lower New York Bay. Ellerman Lines, Ltd. answered the libel as claimant of the ship.

The accident occurred in the early morning of May 15, 1953 in the Lower Bay, south-southeast...

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