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WEST AFRICAN STEAMSHIP CO. v. McALLISTER BROTHERS, INC.

No. 67 Civ. 4105.

287 F.Supp. 102 (1968)

WEST AFRICAN STEAMSHIP COMPANY, Owner of the MOTOR VESSEL ANDREAS, Plaintiff, v. McALLISTER BROTHERS, INC., et al., Defendant.

United States District Court S. D. New York.

July 12, 1968.

Attorney(s) appearing for the Case

Zock, Petrie, Sheneman & Reid, New York City, for plaintiff; by Howard M. McCormack, New York City, of counsel.

Healy & Baillie, New York City, for defendant; by Bruce A. McAllister, New York City, of counsel.

POLLACK, District Judge.

The defendant in an admiralty case, moves to dismiss the complaint herein on the ground of laches. The complaint was served four and a half years after the incident giving rise to this litigation.

On April 17, 1963 the S.S. ANDREAS and the Barge PITTSTON #20 collided. The S.S. ANDREAS was moored at 138th Street in the East River and the Barge PITTSTON #20 was under the control of the Tug DOROTHY A. McALLISTER in the River.

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