Free Remark - District Court of Delaware - Delaware

. Case 1 :07-cv-00197-JJF Document 3 Filed O4/06/2007 Page 1 of 2
I FIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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IN THE MATTER OF COMPLAINT OF CIVIL ACTION
WILMINGTON TU G, INC. AS OWNER OF IN ADMIRALTY
“LINDSEY,” A 70—FOOT 1989 TOWING VESSEL,
FOR EXONERATION FROM OR LIMITATION OF N0.
LIABILITY
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MONITION
THE PRESIDENT OF THE UNITED STATES OF AMERICA TO
Q THE MARSHAL OF THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GREETIN GS:
WHEREAS, a Complaint was filed in the United States District Court for the District of
Delaware by Wilmington Tug, Inc. (hereinafter "Petitioner"), as owner of the "LlNDSEY," a certain
70-foot 1989 towing vessel built by Gladding—Hearn Shipbuilding (hereinafter "the Vessel") praying
for exoneration from or limitation of liability concerning alleged losses, damages or injuries, done,
occasioned by or resulting from an alleged accident which allegedly occurred on or about October
30, 2003, in or near the Delaware River, for the reasons set forth in said Complaint, and praying that
monition issue out of the Court notifying all persons claiming alleged damages or losses to appear
before the Court and make due proof of their respective claims, and answer the allegations of the
Complaint, and if it shall appear that Petitioner is not liable for such alleged losses and damages, it
may be so finally adjudged by this Court, and
WHEREAS, Petitioner has alleged that the said Vessel has a value of EB l ,200,00000 after the
described incident and that there was no freight pending andthe said Court having ordered that a
PBH; 120462.1
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Case 1 :07-cv-00197-JJF Document 3 Filed O4/06/2007 Page 2 of 2
monition issue against $11 persons claiming damage for losses caused and occasioned by this
incident, notifying them to file their respective claims with the Clerk ofthe Court and to serve on
or mail to attorneys for Petitioner a copy thereof within 45 days of the entry of the Restraining Order,
i.e., on or before , 2007.
YOU ARE, THEREFORE, COMMANDED to cite all persons claiming alleged damages for
injuries or destruction of property occasioned by said incident to file their respective claims with the
Clerk of the Court at J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801
within forty—five (45) days of the entry of this Order, and to serve upon or mail to Palmer Biezup &
Henderson LLP, 1223 Foulk Road, Wilmington, DE 19803, attorneys for Petitioner, a copy thereof
within 45 days of the entry of the Restraining Order, i.e. on or before ,
2007, and you are also commanded to cite such claimants to appear and answer the Complaint filed
herein on or before said date or within such further time as the Court may grant.
And what you have done in the premises do you then make return to this Court together with
this Writ.
By¤ ........
Q, Deputy Clerk
I Date:
PBH: 189462.1
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