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IN RE UNITED STATES AIR FORCE TEXAS TOWER NO. 4

203 F.Supp. 215 (1962)

In re UNITED STATES AIR FORCE TEXAS TOWER NO. 4. Petition of the UNITED STATES of America, as owner of the United States Air Force Texas Tower No. 4, a public vessel of the United States, for exoneration from or limitation of liability.

United States District Court S.D. New York.

March 9, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., New York City, Louis E. Greco, Attorney in Charge Admiralty & Shipping Section, Department of Justice, New York City, by Gilbert S. Fleischer, New York City, of counsel, for petitioner.

Whitman, Ransom & Coulson, New York City, Forbes D. Shaw, Paul M. O'Connor, Jr., New York City, of counsel, for claimant Moran, Proctor, Mueser & Rutledge.

Nevius, Jarvis & Pilz, New York City, Macklin, Speer, Hanan & McKernan, New York City, by Charles J. Carroll, Jr., New York City, of counsel, for claimants J. Rich Steers, Inc. and Morrison Knudsen Co., Inc.

LEVET, District Judge.

These are motions for summary judgment, filed by claimants J. Rich Steers, Inc., Morrison Knudsen Co., Inc. and Moran, Proctor, Mueser & Rutledge, pursuant to Supreme Court Admiralty Rule 58, 28 U.S.C. They seek to dismiss the petition for limitation of liability, filed by the United States of America, on the ground that Texas Tower No. 4 was not a "vessel" within the meaning and purview of the provisions of Sections 4283-4289 of the Revised...

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