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McALLISTER BROS., INC. v. U.S.

No. 85 Civ. 0098 (CHT).

709 F.Supp. 1237 (1989)

McALLISTER BROTHERS, INC., the BARGE McALLISTER # 80, its owners, underwriters, etc., and the cargo laden aboard said vessel, its owners and underwriters, Plaintiffs, v. UNITED STATES of America, Defendant.

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

March 20, 1989.

Attorney(s) appearing for the Case

Richard K. Willard Asst. Atty. Gen., Rudolph W. Giuliani, U.S. Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, New York City, for defendant (Janis G. Schulmeisters, of counsel).

James M. Leonard, New York City, for plaintiffs (Michael Garabedian, of counsel).

TENNEY, District Judge.

Plaintiffs McAllister Brothers, Inc., the Barge McALLISTER 80, its owners, underwriters and cargo, bring this action against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346 et seq. (1982), and the Suits in Admiralty Act ("SIAA"), 46 U.S.C. § 741 et seq. (1982), claiming damages of three and one-half million dollars resulting from a grounding on Diamond Reef in the Hudson River, New...

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