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DALZELL v. THE ST. NICHOLAS

109 F.Supp. 595 (1951)

DALZELL v. THE ST. NICHOLAS et al. TODD SHIPYARDS CORP. v. LEE & SIMMONS, Inc. THE MICHAEL DALZELL.

United States District Court, S. D. New York.

June 4, 1951.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, New York City, for libellant, Stanley Wright, New York City, of counsel.

Hagen, Senecal & Eidenbach, New York City, for Lee & Simmons, Inc., Charles W. Hagen, Nelson J. Johnson, New York City, of counsel.

Crowell & Rouse, New York City, for Todd Shipyards Corp., George L. Varian, E. Curtis Rouse, New York City, of counsel.

CONGER, District Judge.

The two above-entitled actions were tried together. Both arose out of an accident occurring on October 15, 1943 while the tug Michael Dalzell was tied up at a pier adjacent to Dry Dock No. 2 in the repair yards of Todd Shipyards Corporation at Hoboken, New Jersey, when the mast and boom on the St. Nicholas, a derrick lighter, fell over and upon the tug.

In the first action the libel is against the St. Nicholas, in rem and against...

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