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PETITION OF UNITED STATES

Nos. 26, 67, No. 68, Dockets 21379, 21433, 21434.

178 F.2d 243 (1949)

PETITION OF UNITED STATES. THE F. S. 231. UNITED STATES v. BLACK DIAMOND S. S. CORPORATION. THE MIDLAND VICTORY. HARTZELL v. UNITED STATES.

United States Court of Appeals, Second Circuit.

Decided November 21, 1949.

Attorney(s) appearing for the Case

H. G. Morison, Assistant Attorney General, John F. X. McGohey, United States Attorney, New York City, Alfred T. Cluff, Special Assistant to the Attorney General, Proctors for United States of America.

Hunt, Hill & Betts, New York City, Proctors for the Claimant and Cross-Respondent-Appellant, Black Diamond Steamship Corp., John W. Crandall, Robert M. Donohue, New York City, Of Counsel.

Simone N. Gazan, New York City, Protor for Claimants-Appellants.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This case involves three distinct questions which will be separately considered in this opinion. The background for all three may, however, be stated as follows.

The Midland Victory, an American steamer owned by the United States but operated under a bareboat charter by the Black Diamond Steamship Corporation (hereinafter called "Black Diamond"), and the F. S. 231, a United States Army transport, collided about half an hour before midnight...

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