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M. & J. TRACY v. THE AMBOY

No. A-17969.

94 F.Supp. 633 (1950)

M. & J. TRACY, Inc. v. THE AMBOY et al. THE LONG ISLAND. THE GEFION. THE ST. GEORGE.

United States District Court E. D. New York.

Supplemental Opinion January 2, 1951.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, proctors for libellant (Martin J. McHugh, New York City, of counsel).

Burlingham, Veeder, Clark & Hupper, New York City, proctors for The Amboy and Pennsylvania R. Co. (Frederic Conger, New York City, and James W. Lynch, Brooklyn, N. Y., of counsel).

Haight, Deming, Gardner, Poor & Havens, New York City, proctors for The Gefion (Charles S. Haight and Gordon W. Paulsen, New York City, of counsel).

Galli & Locker, New York City, proctors for The St. George (William J. Magee, New York City, of counsel).

BYERS, District Judge.

The coal barge Long Island, while in tow upbound in the Arthur Kill, was struck on her port side about 30 feet from her bow by a descending tanker, The M/V Gefion, in the vicinity of Tremley Point, and decision is required to fix responsibility for that occurrence.

The date was May 19, 1945, at around 12:30 P.M., under clear weather conditions of good visibility, with no complicating factors of wind force or direction. The tide was flood...

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