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TRIBORO SCOW CORPORATION v. M. F. HICKEY CO.

No. 20504.

177 F.Supp. 636 (1959)

TRIBORO SCOW CORPORATION, as owner of THE Scow TRIBORO NO. 12, Libelant, v. M. F. HICKEY CO., Inc., and Douglas James, Respondents, and Gallagher Brothers Sand & Gravel Corporation, and THE tug JOHN MURRAY, Respondent-Impleaded.

United States District Court E. D. New York.

October 16, 1959.

Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio, New York City, for libelant. By Vincent A. Catoggio, New York City, Advocate, of counsel.

Macklin, Speer, Hanan & McKernan, New York City, for M. F. Hickey Co. Inc., respondent petitioner. By Gerald J. McKernan, New York City, Advocate, of counsel.

Giallorenzi & Cichanowicz, New York City, for respondent Douglas James. By Martin J. McHugh, Advocate, of counsel.

Foley & Martin, New York City, for respondent-impleaded Gallagher Brothers Sand & Gravel Corp. and Tug "John Murray", respondent-impleaded. By Edward J. Ryan, New York City, Advocate, of counsel.

RAYFIEL, District Judge.

The libelant brought this action to recover for damages sustained by its scow, Triboro No. 12, which capsized on January 25, 1956 by reason of the alleged negligence of the respondents, M. F. Hickey Co. Inc., hereinafter called Hickey, and Douglas James. Hickey denied its negligence and impleaded Gallagher Brothers Sand and Gravel Corporation, hereinafter called Gallagher, alleging in its impleading petition that it (Hickey) was not negligent...

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