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WIJSMULLER BV v. TUG BENASQUE

Civ. A. No. 81-239.

528 F.Supp. 1081 (1981)

WIJSMULLER BV, Plaintiff, v. TUG BENASQUE, her engines, boilers, tackle, etc. in rem Transportes Navales in personam, Defendant.

United States District Court, D. Delaware.

December 28, 1981.

Attorney(s) appearing for the Case

Robert Aulgur, Jr., of Wilson & Whittington, Wilmington, Del., for plaintiff; Alfred J. Kuffler and Vernon C. Miller, Jr., of Palmer Biezup & Henderson, Philadelphia, Pa., of counsel.

Peter M. Sieglaff, David B. Brown, and Robert K. Payson, of Potter Anderson & Corroon, Wilmington, Del., for defendant; James F. Young, of Krusen Evans & Byrne, Philadelphia, Pa., of counsel.

MEMORANDUM RE MOTION OF DEFENDANTS TO DISMISS THE COMPLAINT AND FOR OTHER RELIEF

STEEL, Senior District Judge.

On April 28, 1981, plaintiff chartered the tug Benasque from the defendant, its owner, to tow the M/A George S, a disabled tanker, from a point where it had broken down in the Atlantic Ocean to the Delaware Bay. On June 5, 1981, plaintiff brought an action against defendant in rem and in personam alleging that the Benasque was not...

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