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HENER v. UNITED STATES

No. 81 Civ. 3857.

525 F.Supp. 350 (1981)

Donald HENER, Michael Mazzei, Charles Reisinger, Jerome Morici, and Ocean Salvage, Inc. and Associates, Plaintiffs, v. UNITED STATES of America, American Commercial Divers, Inc., British and Foreign Marine Insurance Company, Ltd. and Chubb & Son, Inc., Defendants.

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

October 15, 1981.

Attorney(s) appearing for the Case

Hill, Betts & Nash, New York City, for plaintiff Ocean Salvage; Mark M. Jaffe, New York City, of counsel.

Hynes, Diamond & Reidy, P.C., New York City, for plaintiffs; Robert J. Gogick, New York City, of counsel.

Donovan, Maloff, Walsh & Kennedy, David L. Maloof, New York City, for defendants American Commercial Divers, Inc., British and Foreign Marine Insurance Co., Ltd. and Chubb & Son, Inc.

John S. Martin, U. S. Atty., S. D. N. Y., New York City, for U. S. Dept. of Justice Torts Branch — Civ. Div.; Janis G. Schulmeisters, New York City, of counsel.

Lord, Day & Lord, J. Bond Smith, Jr., New York City, for American Smelting & Refining Co.

SOFAER, District Judge:

On September 27, 1903, at approximately two o'clock in the morning, the barge Harold, carrying 400 tons of lead and silver bullion, pitched violently in the waters of the Arthur Kill, off Staten Island, and dumped most of its cargo. The cargo consisted of 7,678 ingots (or "pigs") of silver, each about eighteen inches long. At the time, the Harold was being towed to the cargo owner, American Smelting and Refining Company ("ASARCO...

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