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THE DALZELLITE

48 F.2d 598 (1930)

THE DALZELLITE. THE W. F. DALZELL. THE FRED B. DALZELL, Jr. SUN OIL CO. v. DALZELL TOWING CO., Inc.

District Court, S. D. New York.

November 25, 1930.

Attorney(s) appearing for the Case

Duncan & Mount, of New York City (Frank A. Bull and Charles R. Millett, both of New York City, of counsel), for libelant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for respondent.

KNOX, District Judge.

The trial of this suit developed the following state of facts:

On May 15, 1925, the steamship Sabine Sun, laden with oil, was off Stapleton, Staten Island. She was desirous of delivering the cargo at the dock of Texas Oil Company, at Bergen Point, N. J. On the preceding day, Leopold A. Turnbull, assistant marine superintendent of Sun Oil Company, in the ordinary course of his duties, had telephoned to respondent, and requested that tugs...

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