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CITY OF NEW YORK v. MORANIA NO. 12, INC.

Nos. 66 Civil 2576, 66 Civil 4122.

357 F.Supp. 234 (1973)

The CITY OF NEW YORK, as Owner of the TUG SANITA, Plaintiff, v. MORANIA NO. 12, INC., the TUG MORANIA NO. 12, Penn Industries, Inc., and BARGE NO. 79, Defendants. PENN INDUSTRIES, INC., as Owner of the BARGE NO. 79, Plaintiff, v. The CITY OF NEW YORK and The TUG SANITA, Defendants.

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

March 28, 1973.

Attorney(s) appearing for the Case

J. Lee Rankin, Corp. Counsel, City of New York, for The City of New York; Wilbur E. Dow, Jr., New York City, of counsel.

Burlingham, Underwood & Lord, New York City, for Morania No. 12, Inc., the Tug Morania No. 12, Penn Industries, Inc., and Barge No. 79; Joseph C. Smith, John F. O'Connell, New York City, of counsel.

OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW

LEVET, District Judge.

This is an admiralty action involving a collision between a tug, the Sanita, with another tug and barge in tow, the Morania No. 12 and Barge No. 79 respectively. The collision occurred when the Sanita attempted to enter its berth as the Morania No. 12 with the Barge No. 79 in tow was backing out from between two piers.

After hearing the testimony of the parties, examining the...

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