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RED STAR BARGE LINE v. THE RUSSELL NO. 7

No. 213, Docket 20916.

168 F.2d 717 (1948)

RED STAR BARGE LINE, Inc. v. THE RUSSELL NO. 7 et al. THE SEABOARD NO. 35.

Circuit Court of Appeals, Second Circuit.

May 28, 1948.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for libellant-appellant, Red Star Barge Line, Inc.

Alexander & Ash, of New York City (Edward Ash and Sidney A. Schwartz, both of New York City, of counsel), for appellee, Russell Bros. Towing Co., Inc., claimant of the tug Russell No. 7.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for Tully & DiNapoli, Inc., respondent-impleaded-appellee.

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

AUGUSTUS N. HAND, Circuit Judge

This proceeding in admiralty was instituted by the libellant to recover damages to its scow Seaboard No. 35 alleged to be caused by her grounding at low water alongside the dock of Tully & DiNapoli Inc., in Flushing Creek, New York, on the morning of June 9, 1945.

The libellant appeals from a final decree dismissing the libel and the petition filed by the claimant of the tug impleading Tully & DiNapoli, Inc., under the...

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