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JACOBUS v. THE TRIBORO NO. 22

Nos. 240, 322, Dockets 25381, 25155.

267 F.2d 547 (1959)

Charlotte F. JACOBUS, as owner of THE Scow SOUTH, Libelant-Appellee, v. THE Scow TRIBORO NO. 22, and Triboro Scow Corporation, Respondent-Appellant. PORT JEFFERSON CORPORATION, as owner of THE Scow PAUL J., Appellee, v. Charlotte F. JACOBUS and F. Jacobus Transportation Co., Inc., Appellants. TRIBORO SCOW CORPORATION, as owner of THE Scow TRIBORO NO. 22, Appellee-Appellant, v. Charlotte F. JACOBUS and F. Jacobus Transportation Co., Inc., Appellants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 12, 1959.

Attorney(s) appearing for the Case

Christopher E. Heckman, New York City (Foley & Martin, New York City, on the brief), for Charlotte F. Jacobus and F. Jacobus Transportation Co., Inc.

Vincent A. Catoggio, New York City (Purdy, Lamb & Catoggio, New York City, on the brief), for Triboro Scow Corp. and Port Jefferson Corp.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

These appeals from interlocutory decrees following decisions of Judge Lawrence E. Walsh and Judge Thomas F. Murphy, after separate trials in the District Court for the Southern District of New York, are virtually cross-appeals and they arise out of the capsizing of the scows South and Triboro No. 22 in the early morning of May 30, 1955, and the consequent damage to those scows and the scow Paul J....

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