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BILKAY HOLDING CORP. v. CITY OF NEW YORK

241 F.Supp. 808 (1965)

BILKAY HOLDING CORP., Libelant, v. The CITY OF NEW YORK, Respondent and Petitioner, and The TUG METROPOLITAN NO. 1 and Met. 1, Inc., (Sued herein as Metropolitan No. 1, Inc.), Respondent and Claimant-Impleaded and Petitioner, and The TUG JAMES F. MURPHY, her engines, etc. and Gallagher Brothers Sand and Gravel Corporation, Respondent-Impleaded.

United States District Court S. D. New York.

May 12, 1965.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for libelant and respondent-impleaded, Stephen J. Buckley, New York City, of counsel.

Leo A. Larkin, Corp. Counsel, New York City, for respondent and petitioner, James W. Fay, New York City, James M. Carroll, New York City, of counsel.

Krisel & Beck, New York City, for respondent and claimant-impleaded and petitioner, Maurice A. Krisel, Herbert B. Halberg, New York City, Lorance Hockert, New York City, of counsel.

WEINFELD, District Judge.

After observing and appraising the credibility of the witnesses who participated in or observed the events which led to the capsizing of the nonpropelled deck scow Florence R and the loss of her cargo, I have concluded that the occurrence was due to the joint fault of her towing tug, the James F. Murphy, owned by Gallagher Brothers Sand and Gravel Corporation, respondent-impleaded, and the Fire Fighter, owned by the City of New York, the...

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