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IRA S. BUSHEY & SONS, INC. v. DALZELLEADER, INC.

No. 193, Docket 27087.

312 F.2d 231 (1963)

IRA S. BUSHEY & SONS, INC., Libelant-Appellant, v. DALZELLEADER, INC., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 21, 1963.

Attorney(s) appearing for the Case

Foley & Martin, New York City (John H. Hanrahan and James S. Reardon, New York City, of counsel), for libelant-appellant.

Burlingham, Underwood, Barron, Wright & White, New York City (Stanley R. Wright and John S. Rogers, New York City, of counsel), for respondent-appellee.

Before CLARK, KAUFMAN and HAYS, Circuit Judges.

PER CURIAM.

Appellant had custody as bailee of the United States naval destroyer escort Herbert C. Jones at Gowanus Creek, New York Harbor, where the Jones was undergoing extensive overhaul. On February 25, 1958, appellee's tugboats shifted the Jones out of drydock and towed her to a nearby pier. Appellant claims that in the course of this maneuver, appellee negligently towed the Jones over and against a rocky bottom, resulting in damage...

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