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PETITION OF METROPOLITAN SAND & GRAVEL CORPORATION

Nos. 20087, 20182.

170 F.Supp. 675 (1958)

PETITION OF METROPOLITAN SAND & GRAVEL CORPORATION, as owner of THE D/T METROPOLITAN NO. 6, et cetera. O'BRIEN BROTHERS, INC. as owner of THE scow WALL LIGHT, Libelant, v. COLONIAL SAND & STONE COMPANY, Respondent.

United States District Court E. D. New York.

On Motion for Rehearing October 24, 1958.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, for petitioner, Metropolitan Sand & Gravel Corp., Charles J. Carroll, Jr., of counsel.

Foley & Martin, New York City for libelant. John H. Hanrahan, Jr., New York City, of counsel.

Hagen, Johnson & Quarto, New York City, for respondent. John F. Quarto, New York City, of counsel.

MOORE, Circuit Judge (sitting by designation).

These two suits arose out of the grounding of a scow, the "Wall Light", owned by O'Brien Brothers, Inc., referred to as "O'Brien", chartered to Colonial Sand & Stone Company, referred to as "Colonial" and being towed by a tug (No. 6) owned by Metropolitan Sand & Gravel Corporation, referred to as "Metropolitan". The first suit, instituted after a claim for damage was made by O'Brien upon Metropolitan, sought limitation...

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