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PETITION OF TRACY

No. 133, Docket 22197.

194 F.2d 362 (1952)

Petition of TRACY et al. THE MARY T. TRACY.

United States Court of Appeals Second Circuit.

Decided February 27, 1952.

Attorney(s) appearing for the Case

Foley & Martin and Hill, Rivkins & Middleton, New York City, proctors for Red Star Towing & Transp. Co., Inc., Thomas J. Howard, Long Island Lighting Co. and Thermal Fuel Corp., appellants; Thomas H. Middleton and Christopher E. Heckman, New York City, of counsel.

Frank G. Colgan, Brooklyn, N. Y., proctor for Berwind-White Coal Mining Co., appellant.

Macklin, Speer, Hanan & McKernan, New York City, proctors for Tracy Towing Line, Inc., appellee; Leo F. Hanan, New York City, of counsel.

Before SWAN, Chief Judge, and CHASE and FRANK, Circuit Judges.

SWAN, Chief Judge.

About 10 P.M. on January 22, 1946 the tug Mary T. Tracy, operated by Tracy Towing Line, Inc., as bareboat charterer, moored the loaded coal boat she had in tow to a flotilla of six loaded barges docked at the 34th Street bulkhead in the East River, thereby overstraining the fastenings of the innermost barge, which alone had lines to the bulkhead, and causing all seven boats to go adrift. The present litigation...

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