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SALAKY v. THE ATLAS BARGE NO. 3

No. 68, Docket 22812.

208 F.2d 174 (1953)

SALAKY v. THE ATLAS BARGE NO. 3 et al. THE CATHERINE O'BOYLE et al.

United States Court of Appeals Second Circuit.

Decided November 20, 1953.

Attorney(s) appearing for the Case

George A. Berkowitz, New York City (Paley & Berkowitz, New York City, on the brief), for respondent-appellant Atlas Tank Processing Corp.

Gerald J. McKernan, New York City (Macklin, Speer, Hanan & McKernan and James N. Allan, New York City, on the brief), for respondents-appellants Jerome E. and Loretta O'Boyle.

Max Taylor and Maurice A. Krisel, New York City (Krisel, Beck & Taylor, New York City, on the brief), for libelant-appellee.

Before CHASE, Chief Judge, CLARK, Circuit Judge, and BRENNAN, District Judge.

CLARK, Circuit Judge.

Libelant is the assignee of claims of some 44 owners of small craft under an assignment executed in the State of New Jersey. He instituted this action alleging damage to these various craft moored in and about the Yacht Basin at Perth Amboy, N. J., caused by oil sludge and foreign matter discharged from the barges "Atlas Barge No. 3" and "Catherine O'Boyle" into the water of Arthur Kill and Raritan Bay in the vicinity of Perth Amboy in April...

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