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PENNSYLVANIA RAILROAD COMPANY v. THE BEATRICE

No. 140, Docket 25296.

275 F.2d 209 (1960)

PENNSYLVANIA RAILROAD COMPANY, Libelant-Appellee, v. THE BEATRICE, her engines, etc., A. H. Bull Steamship Co., Inc., THE LESTER J. GILLEN, her engines, etc., and Henry Gillen's Sons Lighterage, Inc., Respondent-Appellants, Dalzell Towing Co., Inc., Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided February 15, 1960.

Attorney(s) appearing for the Case

A. V. Cherbonnier, New York City (Satterlee, Browne & Cherbonnier, and John H. Reilly, Jr., New York City, on the brief), for S. S. Beatrice and A. H. Bull Steamship Co., Inc.

John H. Hanrahan, Jr., New York City (Foley & Martin, New York City, on the brief), for Tug Lester J. Gillen and Henry Gillen's Sons Lighterage, Inc.

Henry C. Eidenbach, New York City (Hill, Rivkins, Middleton, Louis & Warburton, New York City, on the brief), for Dalzell Towing Co., Inc.

Burlingham, Hupper & Kennedy, New York City (Stanley R. Wright and H. Barton Williams, New York City, of counsel), for The Pennsylvania Railroad Company.

Before CLARK, HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

Shortly past noon on December 15, 1953, the Steamship Beatrice (owned by A. H. Bull Steamship Co., Inc.), assisted by the tug Dalzellaird (owned by Dalzell Towing Co., Inc.) and the tug Lester J. Gillen (owned by Henry Gillen's Sons Lighterage, Inc.), was shifted from its berth in Brooklyn to another berth, located in a nearby slip. To take charge of this movement, Bull employed Dalzell's docking pilot and licensed tug master, Captain Mattisen...

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