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SCHROEDER v. TUG MONTAUK

No. 263, Docket 29707.

358 F.2d 485 (1966)

Edward P. SCHROEDER, as owner of the MOTOR YACHT, SKOO-KUM II, Libellant-Appellee, v. The TUG MONTAUK, her engines, etc., Sea Bees B. 11, Inc., the OIL BARGE MONTAUK NO. 1, her tackle, etc., and Sea Bees B. 5, Inc., Claimants-Respondents-Appellants, and Wm. Edgar John & Associates, Inc., Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided March 29, 1966.

Attorney(s) appearing for the Case

Richard E. Meyer, New York City (Foley & Martin, New York City, on the brief), for libellant-appellee.

Edwin D. Kyle, New York City (Krisel & Beck, Maurice A. Krisel, and Herbert B. Halberg, New York City, on the brief), for claimants-respondents-appellants.

Jerome F. Healy, III, New York City (Healy & Fusfeld, New York City, on the brief), for respondent-impleaded-appellee.

Before SMITH, HAYS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

The Milton Point Channel in Rye, New York, runs from its open end on the west, where it branches off from Milton Harbor, to a basin at the east end, where it terminates. Immediately west of the basin there is located on the north side of the channel the bulkhead pier of the Milton Point Shipyard, owned and operated by Wm. Edgar John & Associates, Inc.; and directly across from it on the south side of the channel is the bulkhead pier of...

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