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LAGO OIL & TRANSPORT CO. v. UNITED STATES

No. 59, Docket 23154.

218 F.2d 631 (1955)

LAGO OIL & TRANSPORT CO., Ltd., Libellant-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 17, 1955.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City (Edwin S. Murphy, New York City, and Paul F. McGuire, Bayonne, N. J., of counsel), for appellant.

Warren E. Burger, Asst. Atty. Gen., Washington, D. C. (J. Edward Lumbard, U. S. Atty. for Southern Dist. of New York, and Martin J. Norris, Atty., Department of Justice, New York City, of counsel), for appellee.

Before FRANKFURTER, Circuit Justice, and FRANK and HINCKS, Circuit Judges.

FRANKFURTER, Circuit Justice.

The libel of the Lago Oil and Transport Co. is based upon services rendered to a tanker owned by the United States while in distress outside the port of Aruba, Dutch West Indies. In making an award to members of the crew, which we find no reason to disturb,1 the District Judge recognized that the services rendered by Lago's tug, the Captain Rodger, were "of a salvage nature," but denied recovery to...

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