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TRANSPACIFIC CARRIERS CORP. v. TUG ELLEN F. McALLISTER

No. 420, Docket 28254.

336 F.2d 371 (1964)

TRANSPACIFIC CARRIERS CORPORATION, as owner of the M/V HELLENIC SPIRIT, Libelant-Appellee, v. The TUG ELLEN F. McALLISTER, her engines, etc., and McAllister Brothers, Inc., Claimant-Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided August 7, 1964.

Attorney(s) appearing for the Case

W. Shelby Coates, Jr., New York City (Dow & Stonebridge, New York City, on the brief), for libelant-appellee.

Christopher E. Heckman, New York City (Stephen J. Buckley, New York City, of counsel; Foley & Martin, New York City, on the brief), for claimant-respondent-appellant.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge.

This is an appeal from an interlocutory decree in admiralty, 209 F.Supp. 870 (S.D.N.Y.1962), granting appellee, Transpacific Carriers Corp., the owner of the M/V Hellenic Spirit, recovery in rem from one appellant, the tug Ellen F. McAllister, and in personam from the other appellant, McAllister Brothers, Inc., the owner of the tug and general employer of the tug captain and docking pilot for...

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