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FORTY-NINE TRANSFER CORP. v. THE S.S. MORMACPRIDE

199 F.Supp. 446 (1961)

FORTY-NINE TRANSFER CORP., as owner of THE Barge PITTSTON 2, Libellant, v. THE S.S. MORMACPRIDE, her engines, boilers, tackle, etc., Moore-McCormack Lines, Inc., THE Tug RUSSELL 19, her engines, boilers, tackle, etc., Newtown Creek Towing Co., and Russell Bros. Towing Company, Inc., Respondents.

United States District Court S. D. New York.

November 3, 1961.

Attorney(s) appearing for the Case

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

Burlingham, Hupper & Kennedy, New York City, Krusen, Evans & Byrne, Philadelphia, Pa., for Moore-McCormack Lines, Inc.; Eugene Underwood, Kenneth H. Volk, New York City, of counsel.

McGOHEY, District Judge.

Moore-McCormack moves to dismiss this libel. The ground of the motion is that an earlier order of this court, in a related limitation proceeding1 presently pending here, arising out of the identical collision involved in the instant suit, had "stayed and restrained" the "beginning or prosecution of any and all suits, actions, or legal proceedings of any nature or description whatsoever, except in...

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