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ANGLO-SAXON PETROLEUM CO. v. UNITED STATES

No. 238, Docket 22425.

224 F.2d 86 (1955)

The ANGLO-SAXON PETROLEUM CO., LIMITED OF LONDON, ENGLAND, owner of THE GOLDSHELL, Libellant-Appellee-Petitioner, v. UNITED STATES of America, Respondent-Appellant-Respondent. UNITED STATES of America, as owner of THE WHITE PLAINS, Cross-Libellant-Appellant-Respondent, v. THE GOLDSHELL, her engines, boilers, tackle, etc., Cross-Respondent-Appellee-Petitioner.

United States Court of Appeals Second Circuit.

Decided June 17, 1955.

Attorney(s) appearing for the Case

Herbert P. Reid, New York City, for petitioner.

Before HAND, SWAN and HINCKS, Circuit Judges.

HAND, Circuit Judge.

The Goldshell has moved for a rehearing because of testimony in that part of the record that was not printed, and that we therefore did not have before us: i. e., that she was moving only as fast as was necessary to keep steerageway. Though we were to accept this as true, it would not be an excuse for exceeding "moderate speed" as we defined it in our original opinion: the command is imperative.1 We do not read The...

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