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ARDELL MARINE CORPORATION v. THE MARS

No. 20670.

163 F.Supp. 691 (1958)

ARDELL MARINE CORPORATION, Libelant, v. THE MARS, her engines, etc., "John" Romano, first name fictitious, true name unknown, the person intended being the captain of said vessel, and Red Stack Towing Co., Inc., Respondents. New London Towboat Co., Inc., Claimant.

United States District Court E. D. New York.

July 7, 1958.

Attorney(s) appearing for the Case

William Evers, New York City, by Haight, Gardner, Poor & Havens, New York City (Eugene C. Brugger, Ridgewood, N. Y., of counsel), for claimant.

Veit E. Kaufman, by Harold Friedman, New York City, of counsel, for libelant.

BYERS, Chief Judge.

In this matter it is necessary to decide upon the efficacy of exceptive allegations to the libel of April 3, 1958, in a cause of "supply, work, labor, services and materials furnished" by libelant to the tug Mars.

The vessel has been claimed by New London Towboat Co., although the owner named in the libel is Red Stack Towing Co., Inc.

Without inquiring into the legal status of the claimant, the court will assume for present purposes...

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