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  5. 69 F.Supp. 268 (1946)
 

THE A. J. RUDDY

Nos. 17467, 17711.

69 F.Supp. 268 (1946)

THE A. J. RUDDY. THE M. A. LENAHAN. THE BRIMSTONE. THE FORT ASH. W. E. HEDGER TRANSP. CORPORATION v. HART.

District Court, E. D. New York.

December 12, 1946.

Attorney(s) appearing for the Case

Platow & Lyon, of New York City (Edwin F. Platow and John A. Lyon, both of New York City, of counsel), for W. E. Hedger Transportation Corp.

J. Vincent Keogh, U. S. Atty., of New York City (Max Taylor and Gordon L. Becker, both of New York City, of counsel), for Ernest Hart.

GALSTON, District Judge.

The libel and the cross libel by consent were consolidated at the trial.

On April 23, 1945, at about 7:30 A.M., the tug Brimstone, with the loaded barge M. A. Lenahan on her port side, and the loaded barge A. J. Ruddy on her starboard side, was proceeding on a flood tide toward Whitestone, and was then somewhere between North Brother Island and South Brother Island, in the East River, on her own starboard side of the channel. It is...

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