International Elevating Co. v. McAllister Lighterage, Inc.

LEVET, District Judge.

This is a motion to strike Article Twelfth from the libel in the above-entitled matter and to amend Article Thirteenth of the said libel.

Libellant, International Elevating Company, claims to be the owner of the floating Grain Elevator Hudson. The respondent, Dalzell Towing Company, Inc., is claimed to have entered into an agreement with the aforesaid libellant whereby Dalzell agreed to perform certain towing services to the Grain Elevator Hudson. Dalzell, however, arranged for and obtained for that purpose the services of the Tug Maren Lee, owned by respondent McAllister…