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THE CLEARY NO. 62.

No. A-17757.

68 F.Supp. 804 (1946)

THE CLEARY NO. 62. CLEARY BROS. v. CHRISTIE SCOW CORPORATION et al.

District Court, E. D. New York.

November 27, 1946.

Attorney(s) appearing for the Case

William M. Smith, of New York City (Louis J. Lawrence, of New York City, of counsel), for libelant.

Foley & Martin, of New York City, for respondent.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Vincent A. Catoggio, of New York City, of counsel), for respondent-impleaded.

BYERS, District Judge.

This is a motion by respondent-impleaded to dismiss the libel and an impleading petition, as being barred by the Statute of Limitations; what is probably meant is that the libelant and respondent are shown to have been guilty of laches, as to which the New York State 3-year Statute of Limitations should govern. Civil Practice Act, § 49.

The libel is by the owner of the scow Cleary No. 62 against the Christie Scow Corporation, which...

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