CLEARY BROS. v. THE DAUNTLESS

No. 14, Docket 21304.

178 F.2d 72 (1949)

CLEARY BROS. v. THE DAUNTLESS et al. and two other cases. The CLEARY NO. 48. THE ROWEN CARD.

United States Court of Appeals Second Circuit

Decided November 30, 1949.


Attorney(s) appearing for the Case

Foley & Martin, New York City, proctors for Card Towing Line, Inc., appellant; Christopher Heckman, New York City, advocate.

J. Vincent Keogh, United States Attorney, Brooklyn, N. Y., proctor for United States, appellee and cross-appellant; Leo J. Curren, New York City, advocate.

Pyne & Lynch, New York City, J. R. Stewart, New York City, proctors for Dauntless Towing Line, appellee; Anthony V. Lynch, Jr., New York City, advocate.

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


SWAN, Circuit Judge.

This litigation arose out of a collision in Kill Van Kull between scows in tow of the tug Dauntless and a coastwise barge in tow of the tug Port Henry. The respective owners of the two damaged scows and the owner of the disabled tug Rowen Card, which was also in tow of the Port Henry, brought separate suits in rem against the tug Dauntless. In each of the suits the claimant of The Dauntless impleaded in rem the tug Rowen Card and in personam ...

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