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  5. 27 F.Supp. 159 (1939)
 

THE VIJAX NO. 2

Nos. 15438, 15511.

27 F.Supp. 159 (1939)

THE VIJAX NO. 2. THE VIJAX NO. 224. VIJAX COAL CO. v. CITY OF NEW YORK et al. M. & J. TRACY, Inc., v. SAME.

District Court, E. D. New York.

April 13, 1939.

Attorney(s) appearing for the Case

Purdy, Mason & Lamb, of New York City (Gerard M. McAllister, of New York City, of counsel), for libellant Vijax Coal Co.

Henry W. Baird, of New York City (Charles F. Welch, of New York City, of counsel), for libellant M. & J. Tracy, Inc.

William C. Chanler, Corp. Counsel, of New York City (Willard M. L. Robinson, of New York City, of counsel), for respondent City of New York.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for respondent Reading Co.

ABRUZZO, District Judge.

The libellants instituted actions against the respondents to recover damages to its respective barges "Vijax No. 2" and "No. 224". Pursuant to stipulation both cases were tried together. The libellants, at the beginning of the trial, withdrew their claims against the Reading Company. Thus, the only remaining respondent was the City of New York.

On April 13, 1938, the Reading Company's tug "Ashbourne" left Port Reading, New Jersey,...

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