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MARINE FUEL TRANSFER CORP. v. THE RUTH

Nos. 285 and 286, Docket 23861, 23862.

231 F.2d 319 (1956)

MARINE FUEL TRANSFER CORP., as owner of THE MERRY QUEEN and her cargo of fuel oil, Libelant-Cross-Appellant, v. THE RUTH, Robert B. Wathen, Claimant-Appellant. JAMES HUGHES, Inc., as owner of THE GOSSAN, Libelant-Appellee, v. THE MERRY QUEEN, Marine Fuel Transfer Corp., Claimant-Cross-Appellant, The Ruth, Robert B. Wathen, Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 26, 1956.

Attorney(s) appearing for the Case

Mahar & Mason, New York City (Frank C. Mason, New York City, of Counsel), for libelant and claimant-cross appellant Marine Fuel Transfer Corp.

Krisel, Beck & Taylor, New York City (Max Taylor and Maurice A. Krisel, New York City, of Counsel), for appellant and cross-appellee Robert B. Wathen.

Macklin, Speer, Hanan & McKernan, New York City (Leo F. Hanan and Charles J. Carroll, Jr., New York City, of Counsel), for libelant-appellee, James Hughes, Inc.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and GALSTON, District Judge.

MEDINA, Circuit Judge.

At about four o'clock in the morning of December 15, 1949, the Merry Queen, a self-propelled tanker, collided with the barge Gossan in tow of the tug Ruth, in the East River in the vicinity of Hunts Point, New York. The issue before us on this appeal is whether the collision was due to the fault of the Merry Queen or the Ruth, or both. The Gossan is concededly entitled to recover in any event. The trial judge held it was a case of both to blame...

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