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O'ROURKE v. MERRY QUEEN TRANSFER CORP.

No. 196, Docket 30481.

370 F.2d 781 (1967)

Katherine O'ROURKE, Claimant-Appellee, and Amelia O'Rourke, Claimant-Appellant, v. MERRY QUEEN TRANSFER CORP., Petitioner-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided January 9, 1967.

Attorney(s) appearing for the Case

Benjamin H. Siff, New York City (Solomon Z. Ferziger, Brooklyn, N. Y., on the brief), for appellee Katherine O'Rourke.

Howard N. Meyer, New York City (Paul O'Dwyer and O'Dwyer & Bernstien, New York City, on the brief), for appellant Amelia O'Rourke and the children of Amelia O'Rourke, appellees.

David I. Gilchrist, New York City (Edwin Longcope and Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for appellant Merry Queen Transfer Corp.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

HAYS, Circuit Judge:

On March 8th, 1957, a vessel owned by the petitioner, Merry Queen Transfer Corp., struck the S.S. Steel Admiral and a water taxi, the Oscar Gordon, while in the territorial waters of the state of New York killing Thomas P. O'Rourke who was in charge of the Oscar Gordon.

Merry Queen Transfer Corp. filed a petition for limitation of liability in the United States District Court for the Eastern District of New York which resulted in a decree...

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