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CALLANAN MARINE CORP. v. McALLISTER BROS., INC.

No. 80 Civ. 7454 (GLG).

552 F.Supp. 701 (1982)

The CALLANAN MARINE CORPORATION, Plaintiff, v. McALLISTER BROTHERS, INC., et al., Defendants. NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff, v. PETRILLO BUILDERS SUPPLY CO., INC., Defendant.

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

December 6, 1982.

Attorney(s) appearing for the Case

Waesche, Sheinbaum & O'Regan, New York City, for plaintiff Callanan Marine Corp.; John R. Foster, New York City, of counsel.

Boal, Doti & Larsen, New York City, for defendant McAllister Brothers, Inc.; William P. Larsen, III, New York City, of counsel.

Langan & Levy, New York City, for defendant Petrillo Builders Supply Co., Inc.; Paul A. Yakaitis, New York City, of counsel.

OPINION

GOETTEL, District Judge:

This case presents rather perplexing problems in identifying the party responsible for the sinking of the unmanned scow FREDERICK STARR NO. 52 (the "Scow").1 The Scow's owner and insurer have sued the towing company that last moved the vessel and the customer who had possession of it when it sank.2 As the following description reveals, although the plaintiffs established...

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