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SOUTH, INC. v. MORAN TOWING AND TRANSPORTATION CO.

Nos. 302, 303, Dockets 30128, 30129.

360 F.2d 1002 (1966)

SOUTH, INC., as owner of THE VEGA, Libellant-Appellant, v. MORAN TOWING AND TRANSPORTATION CO., Inc., TUG CHRISTINE MORAN, her engines, etc., Respondents-Appellees, and Tug Claire A. Moran, Inc., Claimant-Appellee. MORAN TOWING AND TRANSPORTATION CO., Inc., Cross-Libellant-Appellee, v. SOUTH, INC., Cross-Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided May 27, 1966.

Attorney(s) appearing for the Case

Timothy P. Walsh, New York City (Hardin, Hess & Eder, New York City, on the brief), for libellant-appellant and cross-respondent-appellant.

Eugene Underwood, New York City (Randolph W. Taylor, New York City, and Burlingham, Underwood, Barron, Wright & White, New York City, on the brief), for respondents-appellees and cross-libellant-appellee.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

On January 9, 1961 Moran Towing and Transportation Co., Inc., one of the respondents, and South, Inc., the libellant, entered into a contract which provided for the towing by Moran in a single tow of three identical ferries, the Vega, the Deneb and the Altair, owned by South, Inc., from New York to Norfolk, Virginia. South, Inc. agreed to outfit the ferries with lights and other equipment in a proper and sufficient manner, and it indemnified...

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