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A. & S. TRANSPORTATION CO. v. UNITED STATES

Nos. 268, 269, Dockets 27251, 27252.

302 F.2d 264 (1962)

A. & S. TRANSPORTATION CO., as owner of the barge Dykes, Libelant-Appellee, v. UNITED STATES of America, as owner of the DREDGE ESSAYONS, Respondent-Appellant, v. TUG CYNTHIA MORAN and Moran Towing & Transportation Co., Inc., Respondent-Impleaded-Appellee. UNITED STATES of America, as owner of the dredge Essayons, Libelant-Appellant, v. The BARGE DYKES, A. & S. Transportation Co., the TUG CYNTHIA MORAN and Moran Towing & Transportation Co., Inc., Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided April 20, 1962.

Attorney(s) appearing for the Case

Louis E. Greco, Atty. in Charge, New York Office, Admiralty & Shipping Section, Dept. of Justice, New York City (William H. Orrick, Jr., Asst. Atty. Gen., Washington, D. C., Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, Morton S. Hollander, Chief, Appellate Section. Civil Div., and Philip A. Berns, Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., on the brief), for United States, respondent-appellant and libelant-appellant.

Max Taylor, New York City (Krisel, Beck & Taylor, New York City, on the brief), for A. & S. Transp. Co., libelant-appellee and respondent-appellee.

Robert F. Lynch, New York City, (Eugene Underwood and Burlingham, Underwood, Barron, Wright & White, New York City, on the brief), for Moran Towing & Transp. Co., Inc., respondent-impleaded-appellee.

Before MEDINA, SMITH and HAYS, Circuit Judges.

PER CURIAM.

As the seagoing, self-propelled, hopper dredge "Essayons," owned by appellant United States, proceeded in a westerly direction in Sandy Hook Channel at about 9:00 P. M. on November 21, 1958, she came into collision with the fully loaded barge "Dykes," in tow of the tug "Cynthia Moran," going in the opposite direction in the channel. Witnesses testified that there was ample room for the usual port-to-port passing but that the dredge suddenly swerved to...

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