IN RE ALLEN N. SPOONER & SONS, INC.

No. 67, Docket 24549.

253 F.2d 584 (1958)

Matter of the Petition of ALLEN N. SPOONER & SONS, Inc., as owner of THE DERRICK NO. 17, her boilers, engines, apparel, tackle, etc., THE DECK SCOW NO. 29 and two catamarans, in a cause of limitation of or exoneration from liability.

United States Court of Appeals Second Circuit.

Decided March 10, 1958.


Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City (Martin J. McHugh and Thomas F. Daly, New York City, of counsel), for appellant, Allen N. Spooner & Sons, Inc.

Bigham, Englar, Jones & Houston, New York City (John J. Martin and John M. Aherne, New York City, of counsel), for appellee, The Port of New York Authority.

Before HAND, MEDINA and LUMBARD, Circuit Judges.


MEDINA, Circuit Judge.

Allen N. Spooner & Sons, Inc. appeals from an order dismissing its petition for limitation of or exoneration from liability on the sole ground that the petition was not filed "within six months after a claimant shall have given to or filed with such owner written notice of claim," as provided in 46 U.S.C.A. § 185. As we agree with this disposition of the limitation proceeding, we shall not...

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