UNITED STATES v. THE J. A. COBB

No. 39, Docket 25880.

283 F.2d 754 (1960)

UNITED STATES of America, as owner of THE Barge BC-634 and bailee of her cargo, Libelant-Appellee, v. THE Motor Tanker J. A. COBB, Diesel Tanker J. A. Cobb, Inc., Respondent-Appellant, and The Central Railroad Company of New Jersey, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided October 31, 1960.


Attorney(s) appearing for the Case

John H. Hanrahan, Jr., New York City (Foley & Martin), New York City, for respondent-appellant.

Louis E. Greco, attorney, Admiralty and Shipping Section, Department of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., S. Hazard Gillespie, Jr., U. S. Atty., New York City, Samuel D. Slade, Chief, Appellate Section, Civil Division, Department of Justice, Washington, D. C. Benjamin H. Berman, attorney in charge, New York Office, Admiralty and Shipping Section, Department of Justice, New York City, of counsel), for libelant-appellee.

Vincent E. McGowan, New York City, for respondent-impleaded-appellee.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.


MOORE, Circuit Judge.

Respondent-Appellant, M/T J. A. Cobb, her engines, etc. (referred to as the "Cobb") appeals from an interlocutory decree awarding damages to Libelant-Appellee, United States of America, as owner of the barge BC-634 (referred to as the BC-634), and dismissing the petition of the Cobb impleading the Respondent-Impleaded-Appellee, The Central Railroad of New Jersey (referred to as the "Central").

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