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RAYMOND INTERNATIONAL INC. v. M/T DALZELLEAGLE

No. 70 Civ. 2421.

336 F.Supp. 679 (1971)

RAYMOND INTERNATIONAL INC., Plaintiff, v. The M/T DALZELLEAGLE, her engines, boilers, etc., and McAllister Brothers Inc., Defendant and Third-Party Plaintiff, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Third-Party Defendant.

United States District Court, S. D. New York.

November 4, 1971.

Attorney(s) appearing for the Case

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

McHugh, Heckman, Smith & Leonard, New York City, for defendant and third-party plaintiff; Stephen J. Buckley, Robert Roventini, New York City, of counsel.

Donovan, Donovan, Maloof & Walsh, New York City, for third-party defendant; David L. Maloof, Joseph M. Mangino, Dennis P. Costigan, New York City, of counsel.

LASKER, District Judge.

On April 10, 1970, plaintiff's derrick barge CENTURY in tow of defendant-third party plaintiff McAllister Brothers Inc.'s ("McAllister") tug, DALZELLEAGLE, collided with the Marine Parkway Bridge, owned and operated by third-party defendant Triborough Bridge and Tunnel Authority ("Triborough"). Basing its claim upon our admiralty jurisdiction (Rule 9(h), F.R. Civ.P.), plaintiff sued McAllister for having caused the collision. On August 7, 1970...

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