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E. I. DU PONT DE NEMOURS & CO. v. PENNSYLVANIA R. CO.

Nos. 1724, 1754, 1759.

167 F.Supp. 80 (1958)

E. I. DU PONT DE NEMOURS AND COMPANY, a corporation, Libelant, v. PENNSYLVANIA RAILROAD COMPANY, a corporation, Respondent. Charles T. BANKS, individually and trading and doing business as Charles T. Banks Towing Line, Libelant and Cross-Respondent, v. PENNSYLVANIA RAILROAD COMPANY, a corporation, Respondent and Cross-Libelant. Charles T. BANKS, individually and trading and doing business as Charles T. Banks Towing Line, Libelant and Cross-Respondent, v. PENNSYLVANIA RAILROAD COMPANY, a corporation, Respondent and Cross-Libelant.

United States District Court D. Delaware.

October 10, 1958.

Attorney(s) appearing for the Case

Alexander L. Nichols (of Morris, Nichols, Arsht & Tunnell), Wilmington, Del., and Carl E. Geuther, Wilmington, Del., of counsel, for libelant, E. I. duPont de Nemours and Co.

Alexander L. Nichols and William S. Megonigal, Jr. (of Morris, Nichols, Arsht & Tunnell), Wilmington, Del., George E. Beechwood and John V. Lovitt (of Beechwood & Lovitt), Philadelphia. Pa., for libelant and cross-respondent, Charles T. Banks.

David F. Anderson, William Poole, James L. Latchum and Hugh Corroon, (of Berl, Potter & Anderson), Wilmington, Del., for respondent and cross-libelant, Pennsylvania R. Co.

WRIGHT, Chief Judge.

FINDINGS OF FACT

1. The three Admiralty actions under consideration were consolidated for trial and tried by the court on June 17-21 and July 8-10, 1957 (Docket).

2. The cases arise from a collision which occurred on August 3, 1953 between acid barge, Banks No. 8, being towed by the tugboat, "Grace Ann", upstream on the Christina River and Pennsylvania's R. R. bridge 2.27 which crosses...

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