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OSAKA SHOSEN KAISHA, LTD. v. ANGELOS, LEITCH & CO., LTD.

No. 8420.

301 F.2d 59 (1962)

OSAKA SHOSEN KAISHA, LTD., Libelant and Claimant of THE Motor Vessel ATLAS MARU, Appellant and Cross-Appellee, v. ANGELOS, LEITCH & CO., LTD., Cross-Libelant and Claimant of THE Motor Vessel ELENE, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 19, 1962.

Attorney(s) appearing for the Case

Robert H. Williams, Jr., Baltimore, Md., for appellee and cross-appellant.

John F. Gerity, New York City (Southgate L. Morison, Baltimore, Md., Don Borg, New York City, Ober, Williams, Grimes & Stinson, Baltimore, Md. and Kirlin, Campbell & Keating, New York City, on brief), for appellant and cross-appellee.

Before SOBELOFF, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

In the harbor at Baltimore, Maryland on the night of September 29, 1956 the Japanese Motor Vessel Atlas Maru and the Greek Motor Vessel Elene collided. Inbound, Atlas was proceeding up the Fort McHenry Channel — almost due north — with all running lights burning and barely enough speed to maintain steerage-way. Just before the collision, Elene lay within Deep Water Anchorage No. 3, which is on the east side of the channel...

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