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MORANIA BARGE NO. 140, INC. v. M. & J. TRACY, INC.

No. 129, Docket 27710.

312 F.2d 78 (1962)

MORANIA BARGE NO. 140, INC., as owner of the TANK BARGE MORANIA NO. 140, Libellant-Appellee, v. M. & J. TRACY, INC., Respondent-Appellant, Reading Company and TUG POTTSVILLE, Respondent-Impleaded, Penn No. 8, Inc. and TUG MORANIA No. 8, Respondent-Impleaded, Sinclair Refining Company Petroleum Tankers, Inc., and Tanker P. W. THIRTLE, Respondents-Impleaded.

United States Court of Appeals Second Circuit.

Decided December 26, 1962.

Attorney(s) appearing for the Case

Platow & Lyon, New York City (Lawrence M. Honig, New York City, of counsel), for libellant-appellee and for respondent-impleaded Penn No. 8 and Tug Morania No. 8.

Frank G. Colgan, Brooklyn, N. Y., for respondent M. & J. Tracy, Inc.

James A. Leonard, New York City, for appellant.

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

WATERMAN, Circuit Judge.

This is an appeal from an interlocutory decree in the admiralty holding appellant, M. & J. Tracy, Inc., liable for damages sustained by libellant's tank barge, Morania No. 140, when it fetched up on a sunken coal barge owned by Tracy. Liability was predicated upon Tracy's alleged negligence in failing to mark its sunken barge, Cape Erwin, as required by 33 U.S.C. § 409. Various impleading petitions were served, but all of these actions...

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