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RED STAR TOWING & TRANSPORTATION CO. v. TUG CATHERINE

Nos. 16, 17, Dockets 34400, 34401.

431 F.2d 641 (1970)

RED STAR TOWING & TRANSPORTATION COMPANY, as Owner of the BARGE RED STAR NO. 70, Red Star Barge Line, Inc., as Owner of the BARGE RED STAR NO. 72 and College Point Dry Dock & Supply Co., Inc., as Owner of the BARGE RED STAR NO. 73, Plaintiffs-Cross-Appellants, v. The TUG CATHERINE, her engines, etc., Helen B. Inc., Bronx Towing Line, Inc., Defendants-Appellants, and M/S PHILIPPINE PRESIDENT OSMENA, her engines, etc., and United Philippine Lines, Defendants-Appellees. NATIONAL DEVELOPMENT COMPANY, as Owner and United Philippine Lines, as Operator of M/S Philippine President Osmena, Plaintiffs-Appellees, v. TUG CATHERINE, her engines, etc. and Helen B. Inc., and Bronx Towing Line, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 16, 1970.

Attorney(s) appearing for the Case

Christopher E. Heckman, Richard E. Meyer, McHugh, Heckman, Smith & Leonard, New York City, for plaintiffs-cross-appellants.

Louis P. Sheinbaum, Bigham, Englar, Jones & Houston, New York City, for defendants-appellants.

Joseph M. Brush, Nicholas Milano, Cichanowicz & Callan, New York City, for appellees.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM:

A collision occurred in the Kill Van Kull between the M/S Philippine President Osmena, an ocean-going vessel, and Barge Red Star No. 70. The Barge, together with Barge Red Star No. 72 and Barge Red Star No. 73 were being towed by the Tug Catherine. The two first-named barges, loaded, were on the tug's starboard side, one behind the other, and were held to have been damaged in the collision. The Osmena also suffered damage. No. 73,...

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