Petitions of The KINSMAN TRANSIT COMPANY, as Owner and Operator of the STEAMER MacGILVRAY SHIRAS, Appellant, and of
Midland Steamship Line, Inc., as Owner and Operator of the STEAMER MICHAEL K. TEWKSBURY, their Engines, etc., Appellee,
for Exoneration from or Limitation of Liability,
City of Buffalo, Claimant-Respondent-Appellant,
Kelley Island New York Corporation, et al., Claimants-Appellees.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued March 3, 1964.
Decided October 29, 1964.
As Modified on Denial of Petition for Rehearing December 1, 1964.
Attorney(s) appearing for the Case
Edward J. Desmond, Buffalo, N. Y., Elmer S. Stengel, Corp. Counsel, City of Buffalo (John E. Drury, Jr., Buffalo, N. Y., of counsel), for City of Buffalo.
David S. Jackson, Buffalo, N. Y. (Roy P. Ohlin, Buffalo, N. Y., Wilbur H. Hecht, John J. Sullivan, New York City, of counsel, Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y., and Mendes & Mount, New York City on brief), for Continental Grain Co.
Lee C. Hinslea and Lucian Y. Ray, McCreary, Hinslea & Ray, Cleveland, Ohio (James P. Heffernan, Buffalo, N. Y., of counsel; Coffey, Heffernan & Harrison, Buffalo, N. Y., on brief), for Kinsman Transit Co.
John T. Jaeger, Johnson, Branand & Jaeger, Cleveland, Ohio (Robert Branand, Cleveland, Ohio, and Robert M. Hitchcock, Buffalo, N. Y., of counsel; Phillips, Mahoney, Lytle, Yorkey & Letchworth, Buffalo, N. Y., on brief), for Midland S.S. Line, Inc.
W. M. Connelly, Hamilton, Dobmeier, Connelly & Kirchgraber, Buffalo, N. Y., for Tomlinson Fleet and others.
Arthur E. Otten, Buffalo, N. Y., (Brennan & Brennan, Buffalo, N. Y., on brief), for Kelley Island New York Corp. and Moira C. McGrane.
Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.
United States Court of Appeals Second Circuit.
As Modified on Denial of Petition for Rehearing of Continental Grain Co., December 1, 1964.
FRIENDLY, Circuit Judge:
We have here six appeals, 28 U.S.C. § 1292(a) (3), from an interlocutory decree in admiralty adjudicating liability. The litigation, in the District Court for the Western District of New York, arose out of a series of misadventures on a navigable portion of the Buffalo River during the night of January 21, 1959. The owners of two vessels...
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