COMPANIA PUNTA ALTA, S.A. v. DALZELL


162 F.Supp. 926 (1958)

COMPANIA PUNTA ALTA, S.A., as owner of THE Steamship MARJORY, Libelant, v. Lloyd H. DALZELL, as managing owner, and tugs THE DALZELLACE, THE CAPTAIN A. F. BENNETT, THE LLOYD H. DALZELL and THE DALZELLITE, Respondents. Lloyd H. DALZELL, as managing owner of tugs The Dalzellace, The Captain A. F. Bennett, The Lloyd H. Dalzell and The Dalzellite, Cross-Libelant, v. COMPANIA PUNTA ALTA, S. A., Cross-Respondent. INSURANCE COMPANY OF NORTH AMERICA et al., Libelants, v. Lloyd H. DALZELL, as managing owner and tugs The Dalzellace, The Captain A. F. Bennett, The Lloyd H. Dalzell and The Dalzellite, Respondents.

United States District Court S. D. New York.

May 28, 1958.


Attorney(s) appearing for the Case

Herbert P. Reid, Nelson, Healy, Baillie & Burke, New York City, of counsel, for libelant.

Nicholas J. Healy, 3rd, Francis P. Cox, New York City, Advocates.

Burlingham, Hupper & Kennedy, New York City, for respondents. Eugene Underwood, Robert F. Lynch, New York City, of counsel.


DIMOCK, District Judge.

Respondents except to the report of Paul E. Lockwood, Esq., who was appointed, pursuant to an interlocutory decree of this court dated February 29, 1952, Commissioner to ascertain and compute damages.

The controversy arose out of a collision which occurred on December 11, 1946, between the S. S. Marjory, owned by Compania Punta Alta, S. A., hereinafter libelant, and the S. S. Joseph E. Wing...

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