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GREAT LAKES TOWING CO. v. AMERICAN S. S. CO.

No. 10485.

165 F.2d 368 (1948)

GREAT LAKES TOWING CO. v. AMERICAN S. S. CO.

Circuit Court of Appeals, Sixth Circuit.

January 12, 1948.

Attorney(s) appearing for the Case

W. A. Eldridge and C. A. Schipfer, both of Cleveland, Ohio (McKeehan, Merrick, Arter & Stewart and George William Cottrell, all of Cleveland, Ohio, on the brief; Carl A. Schipfer and W. Alexander Eldridge, both of Cleveland, Ohio, of counsel), for appellant.

Laurence E. Coffey, of Buffalo, N. Y., and L. Y. Ray, of Cleveland, Ohio (Leckie, McCreary, Schlitz & Hinslea, of Cleveland, Ohio, and Richards & Coffey, of Buffalo, N. Y., on the brief; Lucian Y. Ray, of Cleveland, Ohio, and Laurence E. Coffey, of Buffalo, N. Y., of counsel), for appellee.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

The suit was in admiralty, brought by the appellee as libelant, for the negligent towage of its steamer Consumers Power by the steam tug Idaho. The District Court found both vessels at fault and entered an interlocutory decree, dividing the damages. While the appellee did not appeal, it filed timely cross-assignments of error.

Consumers Power was a steel construction steam vessel, 512 feet long, with a 56-foot beam. In the early morning...

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