RED STAR TOWING & TRANSPORTATION CO. v. TUG CATHERINE

Nos. 65 A.D. 1209, 66 A.D. 618.

305 F.Supp. 639 (1969)

RED STAR TOWING & TRANSPORTATION COMPANY, as owner of the BARGE RED STAR NO. 70, Red Star Barge Line, Inc., as owner of BARGE RED STAR NO. 72, and College Point Dry Dock & Supply Co., Inc., as owner of BARGE RED STAR NO. 73, Plaintiffs, v. TUG CATHERINE, Helen B. Inc., Bronx Towing Line, Inc., M/S PHILIPPINE PRESIDENT OSMENA and United Philippine Lines, Defendants. Action #1. NATIONAL DEVELOPMENT COMPANY, as owner and United Philippine Lines, as operator of the M/S Philippine President Osmena, Plaintiffs, v. TUG CATHERINE, her engines, etc., and Helen B. Inc., Claimant, and Bronx Towing Line, Inc., Defendant. Action #2.

United States District Court S. D. New York.

September 29, 1969.


Attorney(s) appearing for the Case

Foley & Martin, New York City, for plaintiffs, Red Star Towing & Transportation Co. and Red Star Barge Line, Inc.; Richard E. Meyer, New York City, of counsel.

Cichanowicz & Callan, New York City, for National Development Co., M/S Phillippine President Osmena, and United Phillippine Lines, defendants in Action #1 and plaintiffs in Action #2; Joseph M. Brush, Nicholas Milano, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendants Tug Catherine, Helen B. Inc., and Bronx Towing Line, Inc., Louis P. Sheinbaum, New York City, of counsel.


OPINION

BONSAL, District Judge.

These consolidated libels in admiralty1 were brought as a result of the collision of the M/S PHILIPPINE PRESIDENT OSMENA and the barge RED STAR NO. 70, which occurred in the Kill Van Kull on the morning of October 20, 1965. The stem of the OSMENA came into contact with the starboard side of the NO. 70, about five feet back of the bow, causing damage to both vessels and to the barge RED STAR NO...

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