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McALLISTER LIGHTERAGE LINE v. THE PEJEPSCOT

Nos. 19202, 19305.

132 F.Supp. 416 (1955)

McALLISTER LIGHTERAGE LINE, Libelant, v. THE PEJEPSCOT, Respondent. JOHN FREDERICK BARGE CORP., Libelant, v. THE CATHERINE McALLISTER, McAllister Lighterage Line, Cross-Respondent.

United States District Court E. D. New York.

June 10, 1955.

Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio, New York City, Vincent A. Catoggio, New York City, of counsel, for McAllister Line.

Macklin, Peer, Hanan & McKernan, New York City, Leo F. Hanan, New York City, of counsel, for Pejepscot.

RAYFIEL, District Judge.

On February 22, 1949, at about 6:40 P.M., a collision took place in Newark Bay, about 1,800 feet north of the Central Railroad of New Jersey Bridge, between two tugboats, the Catherine McAllister and the Pejepscot. Both vessels were damaged, and each filed a libel against the other. The suits were tried together.

The facts are these: Prior to the accident the Catherine McAllister was proceeding south on Newark Bay, with an oil barge...

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