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MARTIN MARIETTA CORPORATION v. PETER KIEWIT SONS' CO.

No. 71 Civ. 246.

346 F.Supp. 892 (1972)

MARTIN MARIETTA CORPORATION, Plaintiff, v. PETER KIEWIT SONS' CO. and Slattery Associates, Inc., individually, and doing business as Peter Kiewit Sons' Co.-Slattery Associates, Inc. (Joint Venture), Defendants.

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

July 13, 1972.

Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood, New York City (Dwight B. Demeritt, Jr., Raymond S. Jackson, Jr., New York City, of counsel), for plaintiff.

Hill, Betts & Nash, New York City attorneys for defendants (Robert S. Blanc, David C. Wood, Edward H. Duggan, Jr., New York City, of counsel), for defendants.

RE*, Judge:

In this action, the libelant, Martin Marietta Corporation, (Martin), seeks to recover $54,289.02 representing damages sustained by its scows or barges, FEENY 20 and HB 130, when they broke adrift from their place of mooring at Rockaway, New York on April 2, 1970. The scows broke adrift while they were in the possession and control of the defendants, who, as a joint venture, were...

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