BANK LINE v. TEXAS COMPANY

No. 84, Docket 24566.

251 F.2d 329 (1958)

The BANK LINE Limited, as owner of THE S/S ETIVEBANK, Libelant-Appellant, v. The TEXAS COMPANY (Panama) Inc. and THE S/S TEXAS, her engines, boilers, etc., Claimant-Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 8, 1958.


Attorney(s) appearing for the Case

Richard G. Ashworth, New York City (Haight, Gardner, Poor & Havens, and MacDonald Deming, New York City, on the brief), for appellant.

Edward C. Kalaidjian, New York City (Thacher, Proffitt, Prizer, Crawley & Wood and Robert S. Stitt, New York City, on the brief), for appellee.

Before HAND, HINCKS and LUMBARD, Circuit Judges.


HINCKS, Circuit Judge.

This is an appeal from a final decree in admiralty which dismissed a libel after trial to the court in October, 1956.

The incident giving rise to this litigation occurred on February 23, 1951 in the Suez Canal. It is Canal practice that ships wishing to enter the Canal from either end shall form in convoys and begin their trips at scheduled times. Since the bypasses presently in use had not...

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