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THE PAN-AM

No. 8693.

148 F.2d 925 (1945)

THE PAN-AM.

Circuit Court of Appeals, Third Circuit.

Decided April 25, 1945.

Attorney(s) appearing for the Case

Irving Storch, Dept. Justice, of Washington, D.C. (Francis M. Shea, Asst. Atty. Gen., Thorn Lord, U. S. Atty., of Newark, N. J., J. Frank Staley, Sp. Asst. to the Atty. Gen., and Vincent E. Hull, Asst. U. S. Atty., of Newark, N. J., on the brief), for appellant.

Messano & Messano, of Jersey City, N. J. (Herbert P. Reid and Renato C. Giallorenzi, both of New York City, on the brief), for appellee.

Before BIGGS, MARIS and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

The United States filed a libel against the Oil Tanker Pan-Am alleging breach of the Oil Pollution Act, Act of June 7, 1924, 33 U.S.C.A. § 431 et seq., in that the vessel had discharged oil into coastal navigable waters of the United States. The ship's answer set up as a defense that after leaving Curacao in the Netherlands West Indies on August 8, 1941, on August 11 the vessel encountered strong northwest1 winds...

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