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P. DOUGHERTY CO. v. UNITED STATES

Nos. 10658, 10665.

207 F.2d 626 (1953)

P. DOUGHERTY CO. v. UNITED STATES. P. DOUGHERTY CO. v. UNITED STATES.

United States Court of Appeals, Third Circuit.

Reargued December 1, 1952.

Decided September 9, 1953.

Rehearing Denied September 30, 1953.

Attorney(s) appearing for the Case

Christopher E. Heckman, New York City (Morford, Bennethum, Marvel & Cooch, Wilmington, Del., Foley & Martin, New York City, and William H. Bennethum, Wilmington, Del., on the brief), for libelant P. Dougherty Co.

Thomas F. McGovern, Washington, D. C. (Holmes Baldridge, Asst. Atty. Gen., William Marvel, U. S. Atty., Washington, D. C., Michael A. Poppiti, Wilmington, Del., on the brief), for United States.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

Cross-appeals were filed from an Interlocutory Decree of the District Court ordering the United States to pay to The P. Dougherty Company one-half of the damages suffered by its barge, Harford, while in tow of the Coast Guard cutter Mohawk, in the course of a rescue operation at sea. The District Court's Decree was based on its determination that both the Harford and the Mohawk were negligent.

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