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STEAMTUG ALADDIN, INC. v. CITY OF BOSTON

No. 57-17.

163 F.Supp. 499 (1958)

STEAMTUG ALADDIN, INC. v. The CITY OF BOSTON, The Mystic River Bridge Authority, The United States of America.

United States District Court D. Massachusetts.

June 23, 1958.

Attorney(s) appearing for the Case

Krisel, Beck & Taylor, New York City, James A. Cronin, Jr., Malden, Mass., for plaintiff.

Anthony Julian, U. S. Atty., George C. Caner, Jr., Asst. U. S. Atty., for defendant.

William D. Quigley, Boston, Mass., for City of Boston.

John Kewer and John Hogan, Boston, Mass., for Mystic River Bridge Authority.

WYZANSKI, District Judge.

Libellant filed a libel against the United States and others. Thereafter the United States filed exceptions and moved to dismiss the suit against it on the ground that "the libel does not state facts sufficient to constitute a cause of action" against it, and that if any claim was stated it could not be maintained in admiralty.

The libel alleges that the libellant owns the Steamtug Aladdin, that on June 11, 1955, "timber proceeding...

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