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TRIANGLE CEMENT CORP. v. TOWBOAT CINCINNATI

No. 63 Ad. 1108.

280 F.Supp. 73 (1967)

TRIANGLE CEMENT CORP., as bareboat charterer and Hughes Bulk, Inc., as owner of the BARGE N. L. WALLACE, Plaintiffs, v. The TOWBOATS CINCINNATI and TURECAMO BOYS, their engines, boilers, etc., and The Pennsylvania Railroad Company, D. T. B. Corp., Vincent C. Turecamo, Inc., B. Turecamo Towing Corp., and Turecamo Coastal & Harbor Towing Corp., Defendants.

United States District Court S. D. New York.

On Motion for New Trial September 20, 1967.

On Settlement of Final Decree November 15, 1967.

Attorney(s) appearing for the Case

Symmers, Fish & Warner, New York City, for plaintiffs; William Warner, New York City, of counsel.

Burlingham, Underwood, Barron, Wright & White, New York City, for defendants Pennsylvania R. Co. and D.T.B. Corp.; Kenneth H. Volk, New York City, of counsel.

Martin, Ryan & Reardon, New York City, for defendants Turecamo; Edward J. Ryan, New York City, of counsel.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BONSAL, District Judge.

In this admiralty action tried before the Court on May 24, 1967, plaintiffs Triangle Cement Corp. (Triangle) and Hughes Bulk, Inc. (Hughes), seek to recover for damages to the barge N. L. WALLACE (the WALLACE) sustained as the result of a collision between the WALLACE and the towboat CINCINNATI (the CINCINNATI) while the WALLACE was being towed by...

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