THE MATTIE

No. A-15819.

34 F.Supp. 856 (1940)

THE MATTIE.

District Court, E. D. New York.

September 26, 1940.


Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for the motion.

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


BYERS, District Judge.

Claimant seeks an order dismissing the petition for limitation because the petitioner is shown to have replaced the steering wheel and part of the steering gear of the tug Mattie, which was surrendered to a trustee, after the collision which caused claimant's damage, but prior to the filing of the petition.

This is said to constitute a failure to comply with the statute (Title 46 U.S.C. § 185, 46 U.S.C.A. § 185) which in terms...

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