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RED STAR TOWING & TRANSPORTATION CO. v. THE HUDSON

No. 64, Docket 23161.

219 F.2d 307 (1955)

RED STAR TOWING & TRANSPORTATION CO., as owner of THE tug CHIPPEWA II, Libellant-Appellant, v. THE HUDSON, Essex Transportation Company, Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 8, 1955.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, for appellant; Leo F. Hanan, New York City, of counsel.

Mahar & Mason, New York City, for appellee; Frank C. Mason, New York City, of counsel.

Before L. HAND and SWAN, Circuit Judges, and DIMOCK, District Judge.

SWAN, Circuit Judge.

This litigation is the result of a collision between two light tugs which occurred in clear weather at 1:45 p. m. on January 21, 1948 at the intersection of the Bayonne Cut and the Greenville Channels in New York Harbor. The district court dismissed the libel on the ground that the libellant failed to sustain the burden of proving fault on the part of the Hudson, claimant's tug. Judge Abruzzo's opinion is reported in 115 F.Supp...

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