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STAPLES v. ACE BUILDERS SUPPLY CO.

159 F.Supp. 789 (1957)

Alva S. STAPLES, as owner of THE Scow WILMER S. NICKERSON and on behalf of the Captain of the scow Wilmer S. Nickerson, for loss of personal possessions, Libelant, v. ACE BUILDERS SUPPLY CO., Inc., Respondent. Alva S. STAPLES, as owner of a cargo of bricks, lately laden aboard the scow Wilmer S. Nickerson, Libelant, v. ACE BUILDERS SUPPLY CO., Inc., Respondent. ACE BUILDERS SUPPLY CO., Inc., Cross-Libelant. v. Alva S. STAPLES, Cross-Respondents.

United States District Court S. D. New York.

November 27, 1957.

Attorney(s) appearing for the Case

Macklin, Spear, Hanan & McKernan, New York City, for Staples.

Kirlin, Campbell & Keating, New York City, for Ace Builders Supply Co., Inc.

Thomas F. MURPHY, District Judge.

These three libels, consolidated for trial, arise from the sinking of libelant's scow Wilmer S. Nickerson at the berth of respondent in the Bronx River on November 7, 1953, occasioned, it is claimed, by a foul berth. Two libels relate to the damage to the scow and the loss of its captain's belongings, and the other to the loss of the cargo of bricks. The cross-libel is a claim by respondent for work, services and labor in salvaging...

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