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SHAMROCK TOWING CO. v. TULLY & DI NAPOLI

Nos. A-18366, A-18408, A-18154, A-18464, A-18935.

91 F.Supp. 239 (1950)

SHAMROCK TOWING CO., Inc. v. TULLY & DI NAPOLI, Inc., and four other cases. THE LOUIS W. DOYLE. THE DELAWARE. THE MARION E. BULLEY. THE PATIENCE.

United States District Court E. D. New York.

June 12, 1950.

Attorney(s) appearing for the Case

Alexander & Ash, New York City (Edward Ash and Joseph A. Calamari, New York City, of counsel), for Shamrock Towing Co., Inc., and the scow Doyle.

Hill, Rivkins & Middleton, New York City (Thomas H. Middleton, New York City, of counsel), for Tully & Di Napoli, Inc.

Hagen, Senecal & Eidenbach, New York City (Henry C. Eidenbach and John F. Quarto, New York City, of counsel), for Sinram Brothers, Inc.

Macklin, Speer, Hanan & McKernan, New York City (Leo F. Hanan, New York City, of counsel), for Reading Co.

Frank G. Colgan, Brooklyn, N. Y., for Anthony O'Boyle, Inc.

John P. McGrath, Corporation Counsel, New York City (Joseph T. Caponigri, New York City, of counsel), for City of New York.

BYERS, District Judge.

The deckscow Louis W. Doyle, being moored to the bulkhead on the Manhattan side of the East River at 74th Street, at the ash chute operated by the City of New York, came adrift in the ebb tide when half-loaded with cinders, and was swept down the river; she struck and damaged the O'Boyle barge Marion E. Bulley lying two berths below; then she turned athwart the stream and out into the path of a descending tow of the tug Patience, and collided...

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