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PETITION OF RUSSELL BROS. TOWING CO.

199 F.Supp. 442 (1961)

Petition of RUSSELL BROS. TOWING CO., Inc., and Newtown Creek Towing Company, as charterer and owner respectively of THE tug RUSSELL 19, for exoneration from, or limitation of liability.

United States District Court S. D. New York.

November 3, 1961.

Attorney(s) appearing for the Case

Alexander, Ash & Schwartz, New York City, for petitioner; Edward Ash, Sidney A. Schwartz, New York City, Jay H. Kisloff, New York City, of counsel.

Burlingham, Hupper & Kennedy, New York City, Krusen, Evans & Byrne, Philadelphia, Pa., for Moore-McCormack Lines, Inc.; Eugene Underwood, Kenneth H. Volk, New York City, of counsel.

McGOHEY, District Judge.

Moore-McCormack Lines, Inc., whose vessel S.S. Mormacpride was involved in the collision out of which this proceeding arises, moves to dismiss the petition on the ground that it "was filed in this Court contrary to the mandate of Admiralty Rule 54 [28 U.S.C.A.] and [therefore] this Court is without jurisdiction."

The collision which occurred in the Delaware River on May 7, 1961, was between

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