LAGO OIL AND TRANSPORT COMPANY v. UNITED STATES

No. 232, Docket 23838.

232 F.2d 238 (1956)

LAGO OIL AND TRANSPORT COMPANY, LTD., a Canadian corporation, as Owner of THE Diesel Tug CAPTAIN RODGER, in its own behalf and in behalf of the Master, Mate and Crew of said Tug, and of Charles E. LANNING, Attorney-in-fact for said corporation, Libelants-Appellants, v. UNITED STATES of America, as Owner and Operator of THE S.S. FISHER'S HILL, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 9, 1956.

Rehearing Denied April 25, 1956.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, Edwin S. Murphy, Paul F. McGuire, New York City, of counsel, proctors for libelants-appellants.

Warren E. Burger, Asst. Atty. Gen., Paul W. Williams, U. S. Atty., Martin J. Norris, Atty., Dept. of Justice, New York City, for respondent-appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

The United States, on its cross-appeal, contends that the trial judge erred in awarding anything to Lago. We cannot agree. Our previous opinion and the evidence amply justified the judge in making an award.

Lago, on its appeal, contends that the award should have approximated the value of its lost tug plus large additional compensation. We think such a decree would have ignored what we said on the previous appeal.

We think, however...

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