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UNITED STATES v. CARROLL TOWING CO.

Nos. 96, 97, Dockets 20371, 20372.

160 F.2d 482 (1947)

UNITED STATES et al. v. CARROLL TOWING CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

March 17, 1947.

Attorney(s) appearing for the Case

Kirlin Campbell Hickox & Keating, of New York City (Robert S. Erskine, John H. Hanrahan, Jr., and C. N. Fiddler, all of New York City, of counsel), for Grace Line, Inc.

Purdy & Lamb, of New York City (Edmund F. Lamb, of New York City, of counsel), for appellee Conners Marine Co., Inc.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for Carroll Towing Co. Inc.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

If the value in limitation of the tug, "Carroll," proves to be great enough to pay the "cargo damage claims" and the claims of the Grace Line and the Conners Company, the Carroll Company will be allowed to set-off against the recovery of each of those companies in the limitation proceeding one third of the "cargo damage claims" recovered in that proceeding. This right of set-off is subject to the condition that...

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