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ULSTER OIL TRANSPORT CORP. v. THE MATTON NO. 25

No. 120, Docket 26099.

286 F.2d 484 (1961)

ULSTER OIL TRANSPORT CORP., as owner of the Barge THE DWYER NO. 105, Libellant-Appellee, v. THE Tug MATTON NO. 25, Matton Oil Transfer Corporation, Claimant-Appellee, and THE Tug RUSSELL NO. 20, Russell Bros. Towing Co., Inc., Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 26, 1961.

Attorney(s) appearing for the Case

Edward Ash, New York City (Alexander, Ash & Schwartz, New York City), for claimant-appellant.

Frank Mason, New York City (Mahar & Mason, New York City), for claimant-appellee.

Macklin, Speer, Hanan & McKernan, New York City, Charles J. Carroll, Jr., for Ulster Oil Transport Corp., libellant-appellee.

Before LUMBARD, Chief Judge, and SWAN and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Libelant, Ulster Oil Transport Corp. (Ulster), as owner of the barge Dwyer No. 105, brought this action in rem against the tug Matton No. 25 (Matton) and the tug Russell No. 20 (Russell) for damages sustained by its barge resulting from a collision. The only question before the trial court was whether the tugs were jointly liable or whether there was sole liability. From so much of an interlocutory decree which held the Russell...

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