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PETITION OF M. & J. TRACY, INC.

No. 17603.

422 F.2d 929 (1969)

Petition of M. & J. TRACY, INC., as owner of the BARGE HERBERT E. SMITH for Exoneration from or Limitation of Liability. Charles Prasnal, Claimant, Appellant.

United States Court of Appeals Third Circuit.

Decided December 29, 1969.

As Amended and Rehearing Denied April 6, 1970.

Attorney(s) appearing for the Case

Wilfred R. Lorry, Freedman, Borowsky & Lorry, Philadelphia, Pa. (Abraham E. Freedman, Freedman, Borowsky & Lorry, Philadelphia, Pa., Joseph T. Karcher, Karcher & Reavey, Sayreville, N. J., on the brief), for appellant.

Edward R. Schwartz, Michels, Schwartz & Maher, Newark, N. J. (Michels, Schwartz & Maher, Newark, N. J., Bigham, Englar, Jones & Houston, New York City, Herman D. Michels, Newark, N. J., John Shields, New York City (of the New York Bar), on the brief), for appellee.

Before BIGGS, KALODNER and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The appeal at bar presents a narrow issue. Prasnal, the claimant-appellant, an employee of Seaboard Coal Dock Co., sued M. & J. Tracy, Inc., the owner of the Barge "Herbert E. Smith", and others on April 11, 1964, alleging that he was injured because of the unseaworthiness of the barge and its negligent operation by Seaboard allegedly acting in privity with Tracy. On August 25, 1965 Tracy filed a petition for...

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