RICE v. UNITED STATES

No. 256, Docket 20968.

168 F.2d 219 (1948)

RICE v. UNITED STATES. THE GRACE R. THE MARTIN KEHOE.

Circuit Court of Appeals, Second Circuit.

May 25, 1948.


Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio, of New York City (Edmund F. Lamb and Thomas J. Irving, both of New York City, of counsel), for appellant.

J. Vincent Keogh, U. S. Atty., of New York City, (Leo J. Curren, of New York City, of counsel), for respondent-appellee.

Mahar & Mason, of New York City (Frank C. Mason and Anthony J. Randolph, both of New York City, of counsel), for libellant-appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.


SWAN, Circuit Judge.

This litigation resulted from a collision between the libellant's scow in tow of the Army tug ST 56 owned by the United States, and a flat barge in tow of the tug Martin Kehoe. The collision occurred a short distance off the end of Pier 16, Staten Island, about 1 A.M., January 10, 1945. The trial judge held both tugs at fault and divided between them the libellant's damages. Upon this appeal each tug owner claims that the other should be held...

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