UNITED STATES v. THE AUSTRALIA STAR

No. 69, Docket 21097.

172 F.2d 472 (1949)

UNITED STATES v. THE AUSTRALIA STAR et al. and six other cases. THE HINDOO.

United States Court of Appeals Second Circuit.

February 9, 1949.


Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and John F. Gerity, both of New York City, of counsel), for Frederick Leyland & Co., Ltd., appellant.

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Prizer, of New York City, of counsel), for Siemens Bros. & Co., Ltd., and others, appellants.

Bigham, Englar, Jones & Houston, of New York City (Richard F. Shaw, of New York City, of counsel), for Schwab Bros. Corporation and others, appellants.

John F. X. McGohey, U. S. Atty., of New York City (Max Taylor, Sp. Asst. to the U. S. Atty., of New York City, Advocate of counsel), for United States, appellee.

Mendes & Mount, of New York City (Walter B. Hall, of New York City, of counsel), for Wessel, Duval & Co. Inc., and others, appellees.

Before SWAN, CHASE and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This complex litigation results from a collision in the Caribbean Sea, about 150 miles northeast of Cristobal, Panama Canal Zone, between the S.S.Hindoo and the S.S. Australia Star on the night of September 9, 1944. The former, owned by the United States and escorted by the PC-616, a United States naval craft, was proceeding, blacked out, at a speed of 10 knots on a course 108° true, bound to Cartagena, Columbia; the latter, owned by Frederick...

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