Aetna Insurance v. The Tug John E. Berwind

RUIZ-NAZARIO, District Judge.

This action is now before the court on the exceptive allegations of The Puerto Rico Lighterage Company, owner and claimant of the Tug “John E. Berwind”, respondent herein, and the libelant’s answer thereto.

The parties have filed memoranda in support of their respective positions on the legal questions at issue thereunder, and F'e court has given due consideration to these.

In Sun Oil Co. v. Dalzell Towing Co., Inc., 287 U.S. 291, 294, 53 S.Ct. 135, 136, 77 L.Ed. 311, the Supreme Court, upon affirming a decree which had dismissed the libel on the basis of an…