M. & J. TRACY, INC. v. THE OVERBROOK

Nos. 17880, 17866.

94 F.Supp. 971 (1950)

M. & J. TRACY, Inc. v. THE OVERBROOK et al. BERWIND-WHITE COAL MINING CO. v. THE OVERBROOK et al. THE CAPE LAWRENCE. THE SANTIAGO. THE NORLYS. THE EUREKA 115.

United States District Court E. D. New York.

November 3, 1950.


Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City (Charles J. Carroll, Jr., New York City, of counsel), for libellants.

Burlingham, Veeder, Clark & Hupper, New York City (Frederic Conger, New York City, of counsel), for Tug Overbrook and Pennsylvania R. Co., Claimant.

Frank J. Parker, U. S. Atty., Brooklyn, N. Y. (Leo J. Curren, New York City, of counsel), for United States of America, respondent.

Kirlin, Campbell, Hickox & Keating, New York City (Eugene Gilligan, New York City, of counsel), for M. V. Norlys, Impleaded.


INCH, Chief Judge.

These actions arise out of a collision between the tanker Santiago and the tow of the tug Overbrook in New York Harbor, on February 17, 1945. One suit is brought by M. & J. Tracy, Inc., as owner of the barge Cape Lawrence, one of the barges in the Overbrook tow, against both the tug Overbrook and the United States, as owner of the tanker Santiago, for damages to the barge resulting from the collision. The Pennsylvania Railroad Company, claimant...

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