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Ulster Oil Transportation Corp. v. Tug H. A. Meldrum

decided: January 25, 1956.

ULSTER OIL TRANSPORTATION CORPORATION, AS OWNER OF THE BARGE PETROLEUM NO. 7, LIBELANT-APPELLANT,
v.
THE TUG H. A. MELDRUM, MATTON TOWING CORPORATION, CLAIMANT-RESPONDENT-APPELLEE, AND THE TUG BRIDGEPORT, RED STAR TOWING & TRANSPORTATION COMPANY, CLAIMANT-IMPLEADED-APPELLEE.



Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.

Per Curiam.

Judge Byers' opinion and findings, D.C.E.D.N.Y., 122 F.Supp. 767, which are fully sustained in the record, demonstrate that no negligence can be charged to either towing or passing tug for the three-inch stone found in the side bottom of libelant's barge after it had rubbed along the bank of the New York State Barge Canal. We also find point in the judge's remark that with so large

19560125

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