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BUCHANAN MARINE INC. v. McCORMACK SAND CO.

No. 87 C 2701.

743 F.Supp. 139 (1990)

BUCHANAN MARINE INC., Plaintiff, v. McCORMACK SAND COMPANY, McCormack Aggregates, RMW Scow Realty Company, McCormack Sand Company, Inc., and Creek Towing Corp., Defendants.

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

August 10, 1990.

Attorney(s) appearing for the Case

Healy & Baillie (William F. Losquadro, of counsel), New York City and Eckert Seamans Cherin & Mellott (John R. Fornaciari and Robert M. Disch, of counsel), Washington, D.C., for plaintiff.

Bigham Englar Jones & Houston (John T. Kochendorfer, of counsel), New York City, for defendants McCormack Sand Co., McCormack Aggregates, and McCormack Sand Co., Inc.

Waesche, Sheinbaum & O'Regan, P.C. (Francis M. O'Regan, of counsel), New York City, for defendant Creek Towing Corp.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff Buchanan Marine Inc. (Buchanan), an owner and operator of tugboats and barges in Connecticut and elsewhere, brought this action to enjoin defendants from using its commercial barge mooring in Stamford Harbor, Connecticut, and to recover damages allegedly arising from defendants' use of the mooring. In a memorandum and order, dated October 2, 1987, Buchanan Marine, Inc. v. McCormack Sand Co.,

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