PFEIFER OIL TRANSP. CO. v. THE IRA S. BUSHEY

No. 338.

129 F.2d 606 (1942)

PFEIFER OIL TRANSP. CO., Inc., v. THE IRA S. BUSHEY et al. THE PFEIFER No. 2. THE MONITOR.

Circuit Court of Appeals, Second Circuit.

July 8, 1942.


Attorney(s) appearing for the Case

Foley & Martin and James A. Martin, all of New York City, (Christopher E. Heckman, of New York City, of counsel), for appellant.

Purdy & Lamb, of New York City (Edmund F. Lamb, of New York City, of counsel), for libellant-appellee.

Vincent A. Catoggio, Jr., of New York City, for impleaded respondent-appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This litigation arose out of a collision which occurred in Newark Bay on the night of March 2, 1941, between libellant's barge Pfeifer No. 2 and appellant's diesel tanker Ira S. Bushey. The story of the collision, as told in the libel, was as follows: The tug Monitor, having the barge, stern first, on her port side, was proceeding down Newark Bay on the starboard side of the dredged channel bound for Elizabethport.

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