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OIL TRANSFER CORP. v. THE CREE

121 F.Supp. 873 (1954)

OIL TRANSFER CORP. v. THE CREE et al. THE OIL TRANSFER NO. 31. THE PENN NO. 5. THE DAUNTLESS NO. 12. THE K. WHITTELSEY.

United States District Court S. D. New York.

May 19, 1954.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, for libellant and respondent-impleaded. John C. Hart and Gerald J. McKernan, New York City, of counsel.

Foley & Martin, New York City, for tug Cree. James A. Martin and Warren J. Martin, New York City, of counsel.

Platow & Lyon, New York City, for respondent Penn No. 5. John A. Lyon, New York City, of counsel.

Herbert P. Reid, for respondent Dauntless No. 12.

McGOHEY, District Judge.

On November 28, 1950, the barge OT-31 owned by libellant Oil Transfer Corporation, a Delaware corporation, was damaged when it struck the east and west walls at the north end of the government lock in the Hudson River near Troy, N. Y. A freshet condition existed, with a two to four foot rise in the river, and a three to four mile increase in the speed of the current, the result of a severe storm a few days before.

The libel charges...

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