PETITION OF CARROLL TOWING CO.

Nos. 17495, 17305, 17647.

78 F.Supp. 291 (1948)

Petition of CARROLL TOWING CO., Inc. NASSAU BARGE CORPORATION v. THE FRED B. DALZELL et al. DALZELL v. UNITED STATES et al. THE JOHN CARROLL. THE L. K. CHRISTIE.

District Court, E. D. New York.

June 25, 1948.


Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher Heckman and Louis J. Lawrence, both of New York City, of counsel), for petitioner.

Burlingham, Veeder, Clark & Hupper, of New York City (Fred Conger, of New York City, of counsel), for Fred B. Dalzell.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Gilbert S. Fleischer, of New York City, of counsel), for the United States.


GALSTON, District Judge.

By stipulation at the trial, the petition for limitation of the Carroll Towing Co., Inc. and the libels of the Nassau Barge Corporation, owner of The L. K. Christie, and of Fred B. Dalzell, were tried together.

On September 29, 1944 the tug John Carroll had in tow two wooden deck scows, The L. K. Christie and The South Bend. These scows were on the tug's port side, with The L. K. Christie forward and The South Bend behind her. As she...

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