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RED STAR BARGE LINE v. LIZZA ASPHALT CONSTRUCTION CO.

No. 20333.

164 F.Supp. 97 (1958)

RED STAR BARGE LINE, Inc., as owner of THE Scow, SEABOARD NO. 60, Libelant, v. LIZZA ASPHALT CONSTRUCTION CO., Inc., Respondent. and New York Trap Rock Corporation, Respondent-Impleaded.

United States District Court E. D. New York.

July 3, 1958.

Attorney(s) appearing for the Case

Foley & Martin, New York City, proctors for libelant, by Edward J. Ryan, New York City, Advocate.

Symmers, Fish, Warner & Nicol, New York City, proctors for respondent, by William Warner, New York City, Advocate.

Hagen & Eidenbach, New York City, proctors for impleaded respondent, by Nelson J. Johnson and John F. Quarto, New York City, Advocates.

BYERS, Chief Judge.

The scow Seaboard No. 60, owned by the libelant, suffered interior structural damage on May 27, 1954 as the result of grounding off Oysterman Dock, in Oyster Bay, Long Island. She was carrying a cargo of about 750 tons of crushed stone consigned to the respondent, which operated a pier where delivery was taken. The libelant has elected to sue the respondent directly instead of the charterer of the scow, for undisclosed reasons.

The stone...

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