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GENERAL MOTORS CORP. v. PENNSYLVANIA RAILROAD CO.

Nos. 66 Civ. 4076, 67 Civ. 926.

357 F.Supp. 646 (1973)

GENERAL MOTORS CORPORATION, Plaintiff, v. PENNSYLVANIA RAILROAD COMPANY, Defendant and Third-Party Plaintiff, v. LLOYD BRASILEIRO (PATRIMONIO NACIONAL) et al., Third-Party Defendants. GENERAL MOTORS CORPORATION, Plaintiff, v. LLOYD BRASILEIRO (PATRIMONIO NACIONAL) and John W. McGrath Corp., Defendants.

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

April 12, 1973.

Attorney(s) appearing for the Case

Hill, Rivkins, Warburton, McGowan & Carey, New York City, for plaintiff; Vincent J. Ryan, Joseph T. McGowan, New York City, of counsel.

Burlingham, Underwood & Lord, New York City, for defendant Pennsylvania Railroad Co.; Kenneth H. Volk, Guy E. C. Maitland, New York City, of counsel.

Purrington & McConnell, New York City, for defendant and third party plaintiff Lloyd Brasileiro; Frank J. McConnell, Benjamin E. Haller, John Hay McConnell, New York City, of counsel.

McHugh, Heckman, Smith & Leonard, New York City, for defendant John W. McGrath Corp.; Martin J. McHugh, John P. Conroy, New York City, of counsel.

Emile Z. Berman and A. Harold Frost, New York City, for third-party defendant McRoberts Protective Agency Inc.; Morton H. Feder, New York City, of counsel.

GURFEIN, District Judge.

In the small hours of a Saturday morning, March 5, 1966, the lighter 212 was left by a Pennsylvania Railroad ("Penn") tug at the slip on the North side of the pier at 30th Street, Brooklyn. The tug Captain selected the berth, seeing "not a soul" on the pier (TM 140),1 and moored the scow leaving her unattended. She was laden with eight tractors. General Motors ("GM") had shipped the tractors and forty other items...

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