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RED STAR TOW. & TRANSP. CO. v. DEPARTMENT OF TRANSP. OF N. J.

No. 17784.

423 F.2d 104 (1970)

RED STAR TOWING AND TRANSPORTATION COMPANY, as Assignee of Bouchard Transportation Co., Inc., and of Koppers Company, Inc., Appellant, v. DEPARTMENT OF TRANSPORTATION OF the STATE OF NEW JERSEY (as successor to New Jersey State Highway Department), David J. Goldberg, Commissioner of Transportation, and John Doe (name "John Doe" being fictitious, party intended is bridge tender and operator), Bridge Tender and Operator.

United States Court of Appeals Third Circuit.

Decided January 23, 1970.

Attorney(s) appearing for the Case

Stephen J. Buckley, Foley & Martin, New York City (Christopher E. Heckman and Robert J. Roventini, New York City, Edward V. Ryan, Newark, N. J., on the brief), for appellant.

Stephen Skillman, Asst. Atty. Gen., Dept. of Law and Public Safety, Trenton, N. J. (Arthur J. Sills, Atty. Gen. of New Jersey, Trenton, N. J., on the brief), for appellees.

Before HASTIE, Chief Judge, and McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

Red Star Towing and Transportation Company, a West Virginia Corporation, brought suit in admiralty against the Department of Transportation of the State of New Jersey and David J. Goldberg, in his official capacity as Commissioner of Transportation, to recover for losses resulting from the collision of a barge with the fender system of the Witt-Penn Bridge which is owned by the State and spans the Hackensack River...

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