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IRA S. BUSHEY & SONS, INC. v. UNITED STATES

Nos. 63 Ad. 432, 64 Ad. 330.

276 F.Supp. 518 (1967)

IRA S. BUSHEY & SONS, INC., Plaintiff, v. UNITED STATES of America, Defendant. UNITED STATES of America, Plaintiff, v. IRA S. BUSHEY & SONS, INC., Defendant.

United States District Court E. D. New York.

October 13, 1967.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for Ira S. Bushey & Sons, Inc., Christopher E. Heckman, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., for the Eastern District of New York, Louis E. Greco, Atty. in Charge, Admiralty and Shipping Section, Dept. of Justice, New York City, for the United States, Philip A. Berns, Peter M. Klein, New York City, of counsel.

OPINION

WEINSTEIN, District Judge.

An intoxicated seaman opened several floodgate valves of the floating drydock on which his ship, the 210 foot U. S. Coast Guard vessel Tamaroa, was being overhauled. Within the hour, the drydock sank and the ship fell over on its side. Ira S. Bushey & Sons, Inc. seeks $750,000 from the United States for the resulting damage to its drydock and the United States seeks twice that sum from Bushey as compensation for damage...

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