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BOUCHARD TRANSP. CO., INC. v. TUG GILLEN BROTHERS

No. 70 Civ. 1648.

389 F.Supp. 77 (1975)

BOUCHARD TRANSPORTATION CO., INC., Plaintiff, v. TUG GILLEN BROTHERS et al., Defendants.

United States District Court, S. D. New York

January 24, 1975.

Attorney(s) appearing for the Case

Grainger & Tesoriero, New York City, for plaintiff; Celestino Tesoriero, New York City, of counsel.

McHugh, Heckman, Smith & Leonard, New York City, for defendant Henry Gillen's Sons Lighterage Inc.; Richard E. Meyer, New York City, of counsel.

McLaughlin & Lawlor, New York City, for defendant Texaco Inc.; James M. O'Donnell, of counsel.

OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW.

LEVET, District Judge.

The above-named plaintiff, Bouchard Transportation Co., Inc. ("Bouchard") filed a complaint against two defendants, one against Tug "Gillen Brothers" and Henry Gillen's Sons Lighterage, Inc. ("Gillen"). This was based upon an agreement between Gillen and plaintiff whereby Gillen entered into a contract of towage to transport Barge B. No. 55, owned by plaintiff, to the Texaco pier and...

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