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NASSAU COUNTY BRIDGE AUTH. v. TUG DOROTHY McALLISTER

No. 61 A 359.

207 F.Supp. 167 (1962)

NASSAU COUNTY BRIDGE AUTHORITY, as custodian and user of Atlantic Beach Bridge, Libellant, v. TUG DOROTHY McALLISTER, her engines, boilers, etc., and her owner, McAllister Brothers, Inc., Claimant-Respondent.

United States District Court E. D. New York.

June 25, 1962.

Attorney(s) appearing for the Case

Burlingham, Underwood, Barron, Wright & White, New York City, Proctors for libellant (Stanley R. Wright and Edward L. Wyckoff, Jr., New York City, of counsel).

Purdy, Lamb & Catoggio, New York City, Proctors for claimant-respondent (Vincent A. Catoggio, New York City, Advocate).

ABRUZZO, District Judge.

This action was instituted by the libellant to recover damages sustained when the claimant-respondent's tug DOROTHY McALLISTER collided with the westerly fenders of the Atlantic Beach Bridge over Far Rockaway Bay or Inlet on the northerly side of the island of Long Beach, New York.

On March 22, 1960, the tug DOROTHY McALLISTER was towing the barge MONTAUK which was loaded with high octane gasoline, on a hawser, proceeding

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