THE AGNES A. MORAN

No. 409.

143 F.2d 964 (1944)

THE AGNES A. MORAN.

Circuit Court of Appeals, Second Circuit.

July 13, 1944.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark, Charles E. Wythe, and William S. Stuhr, Jr., all of New York City, of counsel) for the tug Agnes A. Moran and petitioner Moran Towing & Transportation Co., appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel) for Mortimer B. Kelly, as owner of barge Ella M. Flannery, and Walter Lehr, assignee (Cargo), claimants-appellees-appellants.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for appellees Gloria O. Towing Corporation et al.

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for New York Marine Co., appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.


PER CURIAM.

The decision of this case depends wholly upon the resolution of issues of fact which Judge Clancy disposed of in a careful opinion. The only question which has troubled us at all is whether the tug Gloria O. should not have been held liable, as well as the tug Agnes A. Moran, for damages resulting from the sinking of the barge Ella M. Flannery. This question as to the possible liability of the Gloria O. arises from the finding of the trial judge that ...

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