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GELLENTHIN v. S.S. CONCORDIA SUN

Nos. 373 and 403 of 1956.

209 F.Supp. 554 (1962)

Albert R. GELLENTHIN, Sr., Albert R. Gellenthin, Jr., and Paul L. Gellenthin, t/a Gellenthin Oil Transport Company, Owners of the ARGOIL NO. 105, Libellants, v. S.S. CONCORDIA SUN, her engines, boilers, tackle, machinery, etc., Respondent. D/S I/S IDAHO, Libellant, v. TUG REBECCA and Tank Barge Argoil No. 105, Respondents.

United States District Court E. D. Pennsylvania.

On Rehearing August 14, 1962.

Attorney(s) appearing for the Case

T. J. Mahoney, Philadelphia, Pa., for Concordia Sun and D/s I/s Idaho, her owners.

Harrison G. Kildare, Philadelphia, Pa., for Gellenthin Oil Transport Co., Tug Rebecca and Tank Barge Argoil No. 105.

GANEY, Circuit Judge.*

In connection with the above mentioned matters, the court makes the following Findings of Fact:

1. Albert R. Gellenthin, Sr., Albert R. Gellenthin, Jr., and Paul L. Gellenthin, trading as Gellenthin Oil Transport Company, at all times material to these suits, owned and operated the tug Rebecca and tank barge Argoil No. 105.

2. The tank barge Argoil No. 105 is a steel-hull, motorless oil barge, 195...

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