CLEVELAND TANKERS v. TIERNEY

Nos. 10589-10592, No. 10580.

169 F.2d 622 (1948)

CLEVELAND TANKERS, Inc., v. TIERNEY et al., and four other cases. THE CLEVECO. THE ADMIRAL.

Circuit Court of Appeals Sixth Circuit.

June 28, 1948.


Attorney(s) appearing for the Case

Lee C. Hinslea and Lucian Y. Ray, both of Cleveland, Ohio (Leckie, McCreary, Schlity & Hinslea, Lee C. Hinslea and Lucian Y. Ray, all of Cleveland, Ohio, on the brief), for Cleveland Tankers, Inc.

Victor M. Todia, of Cleveland, Ohio, and Lowell Goerlich, of Toledo, Ohio (Victor M. Todia and Harry A. Gordon, both of Cleveland, Ohio, and Silas B. Axtell, of New York City, on the brief), for Thomas Tierney et al., James A. Smith et al., Frank Szwed et al., Margaret M. Swanson and Grace O. Cowan, et al.

Lamb, Goerlich & Mack, Edward Lamb, and Lowell Goerlich, all of Toledo, Ohio, for James A. Smith et al., Frank Szwed et al., and Margaret M. Swanson et al.

Before SIMONS, ALLEN, and MARTIN, Circuit Judges.


ALLEN, Circuit Judge.

These appeals arise out of awards made by a commissioner in a series of admiralty cases under the Jones Act, 46 U.S.C. § 688, 46 U.S.C.A. § 688. On December 2, 1942, the Tug Admiral and the Barge Cleveco, with all of their crews, were lost in a storm on Lake Erie. In the ensuing litigation this court affirmed a determination that the Tug Admiral was unseaworthy; that "the owner had knowledge of that fact, and was negligent in not furnishing...

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