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ZELLER MARINE EQUIPMENT, INC. v. SS CHEMICAL TRANSPORTER

Nos. 65 A.D. 444, 454, 494 and 740.

307 F.Supp. 138 (1969)

ZELLER MARINE EQUIPMENT, INC., as owner of SCOW ZELLER NO. 54, Libellant, v. SS CHEMICAL TRANSPORTER, TUG ANN McALLISTER, their engines, etc., Chemical Transporter, Inc. and McAllister Brothers, Inc., Respondents. FREDERICK STARR CONTRACTING COMPANY, as operator of deck SCOW MANYA STARR NO. 55, Libellant, v. SS CHEMICAL TRANSPORTER, TUG ANN McALLISTER, their engines, etc., Chemical Transporter, Inc. and McAllister Brothers, Inc., Respondents. CHEMICAL TRANSPORTER INC., as owner of SS CHEMICAL TRANSPORTER, Libellant, v. McALLISTER BROTHERS, INC., TUG ANN McALLISTER, etc., Respondent. SCHIAVONE-BONOMO CORPORATION, Libellant, v. McALLISTER BROTHERS, INC., Chemical Transporter Inc., and Turecamo Coastal & Harbor Towing Corporation, Respondents.

United States District Court S. D. New York.

On Motion to Amend Findings and Conclusions July 2, 1969.

Attorney(s) appearing for the Case

Macklin, Hanan & McKernan, New York City, for libellant and respondent Chemical Transporter Inc.

Purdy, Lamb & Catoggio, New York City, for respondent McAllister Brothers, Inc.

Foley & Martin, New York City, for libellants Frederick Starr Contracting Co. and Zeller Marine Equipment, Inc.

John P. D'Ambrosio, New York City, for libellant Schiavone-Bonomo Corp.

Renato C. Gialeorenzi, New York City, for respondent Turecamo Coastal & Harbor Towing Corp.

MEMORANDUM

CROAKE, District Judge.

Early in the morning of March 5, 1965 the SS CHEMICAL TRANSPORTER, proceeding south in Newark Bay, collided with the scow ZELLER No. 54, proceeding north in tow behind the tug ANN McALLISTER. The collision gave rise to four actions which were tried on the issue of liability before this judge sitting without a jury. The parties to the first three actions agreed in the pre-trial orders and again in open court to have damages...

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