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RUSSELL, POLING & COMPANY v. UNITED STATES

151 F.Supp. 11 (1957)

RUSSELL, POLING & COMPANY, Newtown Creek Towing Company and Chester A. Poling, Inc., Plaintiffs, v. UNITED STATES of America, Defendant and Third/Fourth Party Plaintiff (CONNERS STANDARD MARINE CORPORATION, Third-Party Defendant, RUSSELL BROTHERS TOWING COMPANY, Inc., Fourth-Party Defendant). RUSSELL, POLING & COMPANY, Newtown Creek Towing Company and Chester A. Poling, Inc., Libelants, v. CONNERS STANDARD MARINE CORPORATION and THE CORPORAL, Respondents, and THE RUSSELL POLING NO. 20 and Russell Brothers Towing Co., Inc., Respondents-Impleaded.

United States District Court S. D. New York.

May 14, 1957.

Attorney(s) appearing for the Case

Alexander, Ash & Schwartz, New York City, Edward Ash, New York City, of counsel, for libelants and plaintiffs.

Paul W. Williams, U. S. Atty., for Southern District of New York, New York City, Walter L. Hopkins, Attorney, Admiralty & Shipping Section, Department of Justice, New York City, of counsel, for defendant and third/fourth party plaintiff.

Purdy, Lamb & Catoggio, New York City, Edmund F. Lamb, New York City, of counsel, for Conners-Standard Marine Corp.

DAWSON, District Judge.

This case concerns damage sustained by the barge Russell-Poling No. 29 at about midnight on December 7, 1954, while being towed northward in the Tremley Point Reach of the Arthur Kill between Staten Island and New Jersey. The bottom of the barge was damaged, apparently because it hit bottom. Liability is asserted against two defendants: (1) the United States is charged with negligence in regard to channel buoys which, it is asserted, were out...

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