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MORAN TOWING & TRANSPORTATION CO. v. READING COMPANY

158 F.Supp. 781 (1958)

MORAN TOWING & TRANSPORTATION CO., Inc., Assignee of Time, Inc., Owner of Barge, THE N. L. WALLACE, Libellant, v. The READING COMPANY and Port Reading Towing Lines, Respondents.

United States District Court S. D. New York.

February 7, 1958.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, for libellant. Robert A. Feltner, New York City, of counsel.

Macklin, Speer, Hanan & McKernan, New York City, for respondents.

DAWSON, District Judge.

Libellant has filed exceptions to the answer of respondents and seeks an order sustaining the exceptions and directing a further answer to the libel. The motion involves an interpretation of Rule 26 of the Admiralty Rules, 28 U.S.C.A.*

The libel alleges in paragraphs Fourth and Fifth as follows:

"Fourth: In the evening of February 18, 1955, tug Eugene F. Moran, with barge N. L. Wallace in tow on...

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