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BAKER, CARVER & MORRELL SHIP SUPPLIES v. MATHIASEN, ETC.

No. 185.

140 F.2d 522 (1944)

BAKER, CARVER & MORRELL SHIP SUPPLIES, Inc., v. MATHIASEN SHIPPING CO., Inc., et al. THE ADELAIDE. THE DILIGENT. THE WILLIAM F. MESECK.

Circuit Court of Appeals, Second Circuit.

February 9, 1944.

Attorney(s) appearing for the Case

Pyne & Lynch, of New York City (Anthony V. Lynch, Jr., of counsel) for libellant-appellee.

Foley & Martin (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for respondent-claimant-appellee.

Purdy & Lamb (Edmund F. Lamb and Thomas J. Irving, both of New York City, of counsel), for respondent-claimant-appellant.

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

CHASE, Circuit Judge.

This is an appeal from an interlocutory decree in admiralty holding the tug William F. Meseck, claimed by Meseck Towing Co., Inc., solely at fault for colliding with and damaging the libellant's motorboat Adelaide. The libellant sued that tug and her owner and the tug Diligent and her owner in the District Court for the Eastern District of New York. The tug Diligent, claimed by Mathiasen Shipping Co. Inc., was exonerated.

This appeal...

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