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O'BRIEN BROS. v. THE HELEN B. MORAN

No. 84, Docket 20354.

160 F.2d 502 (1947)

O'BRIEN BROS., Inc., v. THE HELEN B. MORAN et al.

Circuit Court of Appeals, Second Circuit.

March 28, 1947.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., of New York City (Vincent A. Catoggio, Jr., Sp. Asst. to the U. S. Atty., of New York City, of counsel), for the United States.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

On December 17, 1942 while the tug Helen B. Moran was towing the libellant's lighter Dayton from the slip between Piers 8 and 9 bound for Brooklyn the United States Navy tug collided with the lighter and caused the latter to sink within a few minutes after she had been towed back into the slip. The libellant thereafter filed a libel against the tug Helen B. Moran and her owner which as against those parties was dismissed by consent...

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