THE RUSSELL NO. 5

Nos. 15371, 15562, 15563, 15553.

26 F.Supp. 575 (1939)

THE RUSSELL NO. 5. THE CAPTAIN JIM. THE SUNSHINE. HUGHES v. JAMES McWILLIAMS BLUE LINE.

District Court, E. D. New York.

February 23, 1939.


Attorney(s) appearing for the Case

Alexander, Ash & Jones and Edward Ash, all of New York City, for Newtown Creek Towing Co.

Macklin, Brown, Lenahan & Speer and Richard F. Lenahan, all of New York City, for McWilliams Blue Line.

Mahar & Mason and William J. Mahar, all of New York City, for Kenny Scow Corporation.

Lynch & Hagen, Anthony V. Lynch, and Henry C. Eidenbach, all of New York City, for James Hughes, owner of Scow Captain Jim.

Hill, Rivkins & Middleton and Thomas H. Middleton, all of New York City, for Charles Dreifus Co.

Foley & Martin and Christopher E. Heckman, all of New York City, for Zeller Marine Corporation.


GALSTON, District Judge.

By stipulation at the trial these various actions were tried together; and a motion was made that they be consolidated. Decision was reserved on the motion. The proof indicates that only one decision is needed for all of the cases arose out of the towage of two scows loaded with scrap iron. The McWilliams Blue Line had obtained the contract for the towage and in turn turned it over to the Newtown Creek Company. The motion to consolidate is...

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