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THE McLAIN NO. 2.

Nos. 15171, 15196.

32 F.Supp. 222 (1940)

THE McLAIN NO. 2. THE BRIMSTONE. THE SOUTHERN CROSS. McLAIN, Inc. v. STEAMTUG BRIMSTONE, Inc. et al. PILLSBURY FLOUR MILLS OF MINNEAPOLIS v. SAME.

District Court, E. D. New York.

March 8, 1940.

Attorney(s) appearing for the Case

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

Foley & Martin, of New York City (C. E. Heckman, of New York City, of counsel), for respondent the Brimstone.

Mahar & Mason, of New York City (W. J. Mahar, of New York City, of counsel), for the Southern Cross — New York Marine Co.

GALSTON, District Judge.

These causes were consolidated by court order. It appears that on October 12, 1936, some time after midnight, the tug Southern Cross, towing the barge McLain No. 2, as the hawser boat, and the barge Chicago as the tail boat, was proceeding from Buffalo to New York on the state barge canal. Shortly after passing Medina the libellant contends that the tug and tow, while navigating on their proper side of the canal, observed the tug Brimstone...

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