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MARINE TOWING, INC. v. RED STAR TOWING AND TRANSP. CO.

No. 71-C-189.

381 F.Supp. 619 (1973)

MARINE TOWING, INC., Plaintiff, v. RED STAR TOWING AND TRANSPORTATION CO., Defendant and Third Party Plaintiff, v. UNITED STATES of America, Third Party Defendant.

United States District Court, E. D. New York.

July 25, 1973.

Attorney(s) appearing for the Case

Herbert B. Holberg, New York City (Krisel, Beck & Holbert, New York City), for plaintiff.

Stephen J. Buckley, New York City (McHugh, Heckman, Smith & Leonard, New York City), for defendant and third party plaintiff.

Philip A. Berns, Asst. U. S. Atty., Brooklyn, N. Y. (Robert A. Morse, U. S. Atty. E.D.N.Y., Brooklyn, N. Y.; Gilbert S. Fleicher, Attorney in Charge, Admiralty and Shipping Section, U. S. Dept. of Justice, New York City), for third party defendant.

MOORE, Circuit Judge, Sitting by Designation.

In this admiralty action plaintiff, Marine Towing, Inc., owner of the Tug EVELYN, seeks recovery for damages suffered by the EVELYN when it struck the wreck of the Tug OCEAN QUEEN, owned and operated by defendant Red Star Towing and Transportation Co. (Red Star). Pursuant to Rule 14(c), F.R.Civ.P., Red Star filed a third party complaint against the United States, alleging negligence on the part of the United States Coast...

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