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KOSNAC v. THE NORCUBA

No. 299, Docket 24422.

243 F.2d 890 (1957)

Fred KOSNAC, as owner of THE OCTYN, her engines, etc., Libellant-Appellee, v. THE NORCUBA, her engines, etc., North Atlantic and Gulf Steamship Company, Inc., Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 8, 1957.

Attorney(s) appearing for the Case

Joseph M. Meehan, New York City, for libellant-appellee.

Burlingham, Hupper & Kennedy, New York City (Eugene Underwood and Robert F. Lynch, New York City, of counsel on the brief), for claimant-appellant.

Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and LEIBELL, District Judge.

LUMBARD, Circuit Judge.

This is an appeal from an order of Judge Murphy of the District Court for the Southern District of New York, sitting in admiralty, awarding one half damages to the libellant, Kosnac, for the destruction of his motor launch, the Octyn, resulting from a collision with the S.S. Norcuba. Judge Murphy found that the negligence of both parties contributed to the accident.

On the evening of April...

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