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ULSTER OIL TRANSPORT CORP. v. THE MATTON NO. 25

185 F.Supp. 689 (1959)

ULSTER OIL TRANSPORT CORP., as owner of THE Barge DWYER NO. 105, Libellant, v. THE Tug MATTON NO. 25, Matton Oil Transfer Corporation, Claimant, and THE Tug RUSSELL NO. 20, Russell Bros. Towing Co., Inc., Claimant.

United States District Court S. D. New York.

November 27, 1959.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City for libellant; Charles J. Carroll, Jr., New York City, of counsel.

Mahar & Mason, New York City, for claimant, Matton Oil Transfer Corporation; Frank C. Mason, New York City, of counsel.

Alexander, Ash & Schwartz, New York City, for claimant, Russell Bros. Towing Co., Inc.; Edward Ash, New York City, advocate.

CASHIN, District Judge.

Libellant, Ulster Oil Transport Corp., as owner of the Barge Dwyer No. 105, brought this action in rem against two tugs. Matton Oil Transfer Corporation claimed Tug Matton No. 25 as owner, and Russell Bros. Towing Co., Inc. claimed Tug Russell No. 20 as charterer. At the trial, the claimants conceded that the libellant must succeed. Thus, the only issue is whether the tugs are jointly liable or whether one of them is solely liable.<...

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