Free Order - District Court of Delaware - Delaware


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Date: June 7, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv-00197-JJF Document 8 Filed 06/07/2007 Page 1 of 2 .
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
-------—------- - ---- - ------—··-----------—------------——-·----- X
IN THE MATTER OF COMPLAINT OF CIVIL ACTION
WILMINGTON TUG, INC. AS OWNER OF IN ADMIRALTY
"LlNDSEY," A 70—FOOT 1989 TOWING VESSEL, _ ,
Fon axouaanrron FROM on LIMITATION or NO. (ji "[ - l Cl "I it
LIABILITY
-----------------—-—- -··- ---- — -------——-——--—-----——-—--——-—-—--- X
ORDER FQR AD INTERIM STIPULATION
Petitioner, Wilmington Tug, Inc., as owner of the "LlNDSEY," a certain 70-foot I989 towing
vessel built by Gladding-Hearn Shipbuilding (hereinafter "the Vessel"), having filed a Complaint
for exoneration or limitation of liability with respect to the Vessel and having prayed that it be
directed to file an A_d_ Interim Stipulation for the value of the Vessel with surety pending the appraisal
of Petitioner’s interest in the Vessel, and it appearing from the Affidavit of Value filed with the
Complaint that the value of the Vessel after the Incident was $1 ,200,000.00 and that there was no
freight then pending;
AND NOW, on the Motion of Palmer Biezup & Henderson LLP, attorneys for the Petitioner,
it is hereby
I ORDERED that Petitioner shall file an Ad Interim Stipulation for the value of the Vessel in
the total sum of $ l ,200,00000 with surety, along with security for costs of $500.00 and interest at
the rate of six per cent (6%) per annum; and it is further ORDERED that any party may apply to have
the amount of said Stipulation increased or diminished, as the case may be, upon application of any
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Case 1:07-cv-00197-JJF Document 8 Filed 06/07/2007 Page 2 of 2
such person for due appraisement to be made and determined by this Court that the amount of said
Stipulation does not properly represent Petitioner’s interest in the Vessel at the time in issue.
K1 C s C` _ W; i
UN, D ST ES` 5 TRICT JUDGE J
DZIIGGZ "fL;__L l
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PBI-1· lS9d62.l
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