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BOUCHARD TRANSPORTATION CO. v. THE PROVIDENCE

No. 206, Docket 23347.

223 F.2d 404 (1955)

BOUCHARD TRANSPORTATION CO., Inc., owner of THE BTC NO. 10, Libellant-Appellee, v. THE PROVIDENCE, Red Star Towing & Transportation Company, Claimant-Respondent-Appellant, THE ROWEN CARD, McAllister Brothers, Inc., Claimant-Respondent-Appellant. McALLISTER BROTHERS, Inc., as owner of The Rowen Card, Libellant-Appellant, v. THE PROVIDENCE, and Red Star Towing & Transportation Company, Claimant-Respondent-Appellant. SHERIDAN TRANSPORTATION CO., as chartered owner of The Providence, Libellant-Appellee, v. THE PROVIDENCE, Red Star Towing & Transportation Company, Claimant-Respondent-Appellant, The Rowen Card, McAllister Brothers, Inc., Claimant-Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided June 3, 1955.

Attorney(s) appearing for the Case

Krisel, Beck & Taylor, New York City, (Maurice A. Krisel and Max Taylor, New York City, of counsel), for libellants-appellees Bouchard Transp. Co., Inc. and Sheridan Transp. Co.

Macklin, Speer, Hanan & McKernan, New York City (Leo F. Hanan, New York City, of counsel), for appellant Red Star Towing & Transp. Co.

Purdy, Lamb & Catoggio, New York City (Vincent A. Catoggio, New York City, of counsel), for appellant McAllister Bros., Inc.

Before MEDINA and HINCKS, Circuit Judges, and BURKE, District Judge.

MEDINA, Circuit Judge.

This is another one of those collisions one would have said could not happen. Under ideal weather conditions on a clear night, with excellent visibility, and all lights burning brightly according to regulations, two flotillas approached one another in the Arthur Kill (Chart 286). Each of the two tows, the Providence and the Rowen Card, were carrying fully loaded barges, over two hundred feet in length; and the Rowen Card and her burden were...

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