OIL TRANSFER CORPORATION v. THE CREE

No. 311, Docket 23513.

224 F.2d 849 (1955)

OIL TRANSFER CORPORATION, as Owner of The OIL TRANSFER NO. 31, Libelant-Appellee, v. The CREE, Motor Tug Cree, Inc., Claimant-Appellant, THE DAUNTLESS NO. 12 and THE PENN NO. 5, Dauntless Towing Line, Inc. and Penn No. 5, Inc., Claimants-Appellees, and THE K. WHITTELSEY, Oil Transfer Corporation, Claimant-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided June 22, 1955.


Attorney(s) appearing for the Case

Foley & Martin, New York City (James A. Martin and Warren J. Martin, New York City, of counsel), proctors for claimant-appellant.

Macklin, Speer, Hanan & McKernan, New York City (John C. Hart, New York City, of counsel), proctors for libelant-appellee, Oil Transfer Corporation, and claimant-impleaded appellee, Oil Transfer Corporation.

Herbert P. Reid, New York City, proctor for claimant-appellee, Dauntless Towing Line, Inc.

Platow & Lyon, New York City (John A. Lyon, New York City, of counsel), proctors for claimants-appellees, Penn No. 5, Inc.

Before HAND, SWAN and FRANK, Circuit Judges.


FRANK, Circuit Judge.

There was evidence from which the judge might reasonably have found the facts as he did, and we agree with his judgment as to each of the tugs. The appellant alleges that the judge overlooked or ignored the deposition of Chester V. Germond, lock-tender at the Troy Locks. Germond testified by deposition to a conversation with the captain of the Cree at the time the Cree was moving north through the locks. According to his testimony, the Cree requested...

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