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NEW YORK TRAP ROCK CORP. v. CITY OF NEW YORK

No. 19134.

116 F.Supp. 814 (1953)

NEW YORK TRAP ROCK CORP. v. CITY OF NEW YORK.

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

August 21, 1953.

Attorney(s) appearing for the Case

Hagen & Eidenbach, New York City (Nelson J. Johnson, New York City, of counsel), for libelant.

Denis M. Hurley, Corporation Counsel, New York City (Alfred T. Macre and Edwin M. Bourke, New York City, of counsel), for respondent.

ABRUZZO, District Judge.

Libelant as the owner of the scow DeWitt E. McKinstry instituted this suit in Admiralty to recover from the City of New York damages sustained to the scow by reason of an alleged unsafe berth at the New York City Asphalt Plant at Flushing Creek, Flushing, New York.

On October 18, 1948, the scow loaded with 615 cubic yards of screenings (approximately 800 tons) left Tompkins Cove, New York, bound for the New York City Asphalt Plant...

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