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IN RE RICE'S PETITION

Nos. 377, 378, Dockets 26110, 26111.

294 F.2d 272 (1961)

Petition of Estelle RICE et al., co-partners, doing business under the firm name and style of Jacob Rice & Sons, as owners of THE scow JOAN R., in a cause of limitation of and/or exoneration from liability, Petitioner-Appellant. Estelle RICE, Emily Rice, Mathilde Rice, Helen Rice, Margaret Rice, Frank V. Rice, Edward E. Rice, Estate of William R. Rice, John G. Rice, Maurice J. Rice, Adrian L. Rice, and Delores R. Shader, co-partners doing business under the firm name and style of Jacob Rice & Sons, as owners of THE scow JOAN R., Libellant-Appellee, v. NEW YORK TRAP ROCK CORPORATION, Respondent-Appellant, v. RED STAR TOWING & TRANSPORTATION COMPANY and Colonial Sand & Stone Co., Inc., Respondent-Impleaded-Appellees.

United States Court of Appeals Second Circuit.

Decided September 19, 1961.

Attorney(s) appearing for the Case

Charles J. Carroll, Jr., New York City (Leo F. Hanan, Maurice F. Beshlian, New York, N. Y., of counsel; Macklin, Speer, Hanan & McKernan, New York City, on the brief), for petitioner-appellant, libellant-appellee.

Christopher E. Heckman, New York City (Foley & Martin, New York City, on the brief), for claimants-appellees, F. S. Jacobus and Colonial Sand & Stone Co., Inc.

Henry C. Eidenbach, New York City (Thomas P. Pender, New York City, of counsel; Hill, Rivkins, Middleton, Louis & Warburton, New York City, on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and STEEL, District Judge.

LEONARD P. MOORE, Circuit Judge.

These are appeals from interlocutory decrees in admiralty which were entered after a trial of two separate but consolidated proceedings. The first is a petition by Jacob Rice & Sons (Rice), owners of the scow Joan R., for limitation of and/or exoneration from liability. In this proceeding, there were three claimants: (1) New York Trap Rock Corporation (Trap Rock), the charterer of the Joan R.; Frank S. Jacobus (Jacobus), the owner...

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