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M. P. HOWLETT, INC. v. TUG MICHAEL MORAN

No. 423, Docket 33635.

425 F.2d 619 (1970)

M. P. HOWLETT, INC., Appellee, v. TUG MICHAEL MORAN, Tug Michael Moran, Inc. and Moran Towing & Transportation Co., Inc., Appellants.

United States Court of Appeals, Second Circuit.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Kenneth H. Volk, New York City (Burlingham, Underwood, Wright, White & Lord, New York City), for appellants.

Stephen J. Buckley, Jr., New York City (Foley & Martin, New York City), for appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

MOORE, Circuit Judge.

The tug Michael Moran, under the command of Captain William A. Morrissey, was engaged to tow the crane barge Howlett No. 6 from Port Richmond, Staten Island to Weehawken, New Jersey and berth it stern to shore on the south side of Pier 9. Toward the end of the trip Morrissey noticed that the draft of the barge had changed and it looked as if it were taking on water. He sent his deckhand to check, and his suspicions were confirmed. The cause of...

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