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PETITION OF DIESEL TANKER A. C. DODGE, INC.

No. 344, Docket 23971.

234 F.2d 374 (1956)

PETITION OF DIESEL TANKER A. C. DODGE, Inc., owner of THE motor vessel A. C. DODGE, and Spentonbush Fuel Transport Service, Inc., for exoneration from or limitation of liability, Petitioners-Appellants and Cross-Appellees, J. M. Carras, Inc., Claimant-Appellee and Cross-Appellant, Frances E. Elliott, Administratrix of the Estate of John D. Elliott, Deceased, Claimant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 7, 1956.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for petitioners, Christopher E. Heckman, and John H. Hanrahan, Jr., New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, MacDonald Deming, James M. Estabrook, Gordon W. Paulsen, Richard G. Ashworth, New York City, of counsel, for claimant-appellee and cross-appellant J. M. Carras, Inc.

Abraham E. Freedman, Freedman, Landy & Lorry, Philadelphia, Pa., Greenhill & Greenhill, New York City, for claimant-appellee, Frances E. Elliott as Administratrix of the Estate of John D. Elliott.

Before CLARK, FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

The Dodge, as a result of a collision with the Michael, exploded, burned and sank. The owner of the Dodge instituted a limitation proceeding. Among the claimants were the owner of the Michael and the administratrix of the Master of the Dodge who lost his life in the disaster. The facts are fully stated in the opinion of the trial judge, reported in D.C., 133 F.Supp. 510. We think his findings were not "clearly...

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