Eastern Transportation Company, As Charterer in Possession of the Barge Lake Frumet, Libellant-appellee, v. Steamship Vera Cruz and the Texas Company, Claimant-respondent-appellant, and Tug Bermuda and Southern Transportation Company, Claimant-respondent-appellee, 186 F.2d 305 (2d Cir. 1951)

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US Court of Appeals for the Second Circuit - 186 F.2d 305 (2d Cir. 1951) Argued December 12, 1950
Decided January 2, 1951

Appeal from the United States District Court for the Eastern District of New York.

From an interlocutory decree holding that damage sustained by the Lake Frumet was directly and solely attributable to the navigation of The Vera Cruz, an overtaking vessel, and dismissing the libel against the tug Bermuda, and her owners, the owner of the Steamship Vera Cruz appeals.

Tompkins, Boal & Tompkins, New York City, Arthur M. Boal, New York City, for claimant-respondent-appellant.

Nelson, Healy, Baillie & Burke, New York City, Nicholas J. Healy, 3rd, and J. Lester Parsons, Jr., New York City, for claimant-respondent-appellee.

Foley & Martin, New York City, Christopher E. Heckman, New York City, for libellant-appellee.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

PER CURIAM.


Affirmed on opinion of Kennedy, J., 94 F. Supp. 695.

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