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IN RE ADAMS' PETITION

No. 307, Docket 24006.

237 F.2d 884 (1956)

Matter of The Petition of Charles Francis ADAMS et al., as Massachusetts Trustees of Eastern Gas & Fuel Associates, and, as such Trustees, Owners of THE MELROSE, for exoneration from or limitation of liability, Petitioners-Appellants. Charles Francis ADAMS et al., as Massachusetts Trustees of Eastern Gas & Fuel Associates, and, as such Trustees, Owners of The Melrose, Libelants-Appellants, v. CONSTRUCTION AGGREGATES CORPORATION, Respondent-Appellee. THE SANDCRAFT.

United States Court of Appeals Second Circuit.

Decided October 3, 1956.

Rehearing Denied November 7, 1956.

Writ of Certiorari Denied January 14, 1957.

Attorney(s) appearing for the Case

Robert S. Erskine, New York City (Kirlin Campbell & Keating and John F. Gerity, Eugene F. Gilligan, and David P. Dawson, New York City, of counsel), for Adams et al., owners of The Melrose, libellant-appellant-appellee.

Leonard J. Matteson, New York City (Bigham, Englar, Jones & Houston and Hagen & Eidenbach, New York City, Richard F. Shaw and Donald M. Waesche, Jr., New York City, of counsel), for Construction Aggregates, owner of The Sandcraft, respondent-appellee-cross-appellant.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

Writ of Certiorari Denied January 14, 1957. See 77 S.Ct. 364.

HINCKS, Circuit Judge.

Two steamships, the Sandcraft, a 265 foot sand dredge owned by Construction Aggregates Corporation, and the Melrose, a 444 foot liberty type freighter owned by Charles Francis Adams et al. as Trustees, came into collision in clear weather, at night, July 2, 1950, in New York Harbor. The owners of both vessels petitioned for a limitation of liability and these petitions were...

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