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THE DALZELLACE

10 F.Supp. 434 (1934)

THE DALZELLACE. DALZELL v. VALVOLINE OIL CO.

District Court, S. D. New York.

December 27, 1934.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Eugene Underwood, of New York City, of counsel), for libelant.

Putney, Twombly & Hall, of New York City (Frederic R. Sanborn, of New York City, of counsel), for respondent.

HULBERT, District Judge.

Libelant claims that his tug sustained injuries to its propeller by striking a sunken pile under water on land belonging to the respondent. The alleged sunken and broken pile was close to one of respondent's piers at Edgewater, N. J. Respondent stresses the fact that libelant gave no notice of the accident and made no claim until upwards of five weeks after the alleged accident.

This is a motion by respondent to overrule libelant's...

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