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PHILADELPHIA ELECTRIC CO. v. CURTIS BAY TOWING CO. OF PA.

Nos. 16512 and 16513.

390 F.2d 125 (1968)

PHILADELPHIA ELECTRIC COMPANY v. CURTIS BAY TOWING COMPANY OF PENNSYLVANIA and TUGBOAT J. H. DEINLEIN, Her Engines, Tackle, Apparel and Equipment v. UNITED STATES of America, Appellee, and American Dredging Company, Curtis Bay Towing Company of Pennsylvania (Claimant-Respondent), Appellant. Margaret C. WALLING, Ritner E. Walling and Richard C. Walling, Co-Partners trading as Oliver Transportation Company v. CURTIS BAY TOWING COMPANY OF PENNSYLVANIA and Tugboat J. H. Deinlein, Her Engines, Tackle, Apparel and Equipment v. UNITED STATES of America, Appellee, and American Dredging Company, Curtis Bay Towing Company of Pennsylvania (Claimant-Respondent), Appellant.

United States Court of Appeals Third Circuit.

Decided February 29, 1968.

Attorney(s) appearing for the Case

Richard W. Palmer, Rawle & Henderson, Philadelphia, Pa., for appellant in both cases.

Norman G. Knopf, Atty., Civil Division, Appellate Section, Dept. of Justice, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief) for appellee the United States.

Before HASTIE, Chief Judge, GANEY, Circuit Judge, and WEINER, District Judge.

OPINION OF THE COURT

GANEY, Circuit Judge.

The tug J. H. DEINLEIN, operated by the appellant, Curtis Bay Towing Company, on the clear winter morning of December 22nd, 1959, grounded the barge ELECTRIC #20 while towing the barge down the Delaware River in a southerly direction. The owner of the barge, Oliver Transportation Company, and the owner of the cargo of coal carried by it, the Philadelphia Electric Company, each filed a separate libel against the...

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