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CHEMICAL TRANSPORTER, INC. v. M. TURECAMO, INC., ETC.

No. 388, Docket 26897.

290 F.2d 496 (1961)

CHEMICAL TRANSPORTER, INC., as owner of THE S.S. CHEMICAL TRANSPORTER and THE Steel Tank Barge CHEMICAL PROGRESS, etc., Libelant-Appellee, v. M. TURECAMO, INC., THE Tug MARIE J. TURECAMO, her engines, etc., and Turecamo Coastal & Harbor Towing Corp., Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided May 29, 1961.

Attorney(s) appearing for the Case

Henry C. Eidenbach, Hill Rivkins Middleton Louis & Warburton, New York City, for respondents-appellants; Thomas P. Pender, New York City, of counsel.

Gerald J. McKernan, Macklin, Speer, Hanan & McKernan, New York City, for libelant-appellee; James M. Leonard, New York City, of counsel.

Before SMITH and HAND, Circuit Judges, and WATKINS, District Judge.

HAND, Circuit Judge.

This is an appeal by the respondents from a decree of Judge Clancy, holding the respondents' tug liable for the capsizing of the libellant's barge which she had in tow at the time. The barge was made of steel and was laden with "molten sulphur," a substance which will flow somewhat sluggishly as the barge rolls in the water. The sulphur filled four tanks each running athwartships, and the barge had also two fore and aft trimming tanks outside...

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