MORAN TOWING AND TRANSPORTATION CO. v. UNITED STATES


192 F.Supp. 855 (1960)

MORAN TOWING AND TRANSPORTATION CO., Inc., South American Towing Corp., and Moran Towing Corp., Libelants, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

October 14, 1960.


Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, for libelants. Eugene Underwood, H. Barton Williams, John S. Rogers, New York City, of counsel.

S. Hazard Gillespie, Jr., U. S. Atty., New York City, for respondent. Benjamin H. Berman, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, Louis E. Greco, Atty., Admiralty & Shipping Section, Dept. of Justice, New York City, of counsel.


CASHIN, District Judge.

Two motions are herein considered. The first, made by respondent, is for an order, pursuant to 9 U.S.C. § 3, staying this suit. The second, made by libelants, is to overrule the exceptive allegations of respondent filed on April 27, 1960.

The libel alleges that libelant, Moran Towing and Transportation Co., Inc., and respondent contracted on June 21, 1957 for libelant to tow the 100-ton crane barge BD 6074 from Charleston, South...

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