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UNITED STATES v. PANAMA TRANSPORT COMPANY

Nos. 240, 241, Dockets 24878, 24879.

253 F.2d 758 (1958)

UNITED STATES of America, as charterer, insurer and underwriter, and Socony-Vacuum Oil Company, Inc., as owner of THE MOBILGAS, Libelants-Appellees, v. PANAMA TRANSPORT COMPANY and THE ESSO BALBOA, her engines, tackle, apparel, etc., Respondent-Appellant. PANAMA TRANSPORT COMPANY, as owner of THE ESSO BALBOA, Cross-Libelant-Appellant, v. UNITED STATES of America, as charterer, insurer and underwriter, and Socony-Vacuum Oil Company, Inc., as owner of THE MOBILGAS, Cross-Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided April 7, 1958.

Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Paul W. Williams, U. S. Atty., New York City, Leavenworth Colby, Washington, D. C., Benjamin H. Berman, Gilbert S. Fleischer and Walter L. Hopkins, New York City, Department of Justice, for United States.

Kirlin, Campbell & Keating, New York City (Raymond T. Greene, Daniel T. Sweeney, Jr., Stephen J. Buckley, New York City, of counsel), for respondent and cross-libelant-appellant, Panama Transport Co.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and BRENNAN, District Judge.

PER CURIAM.

The SS. Mobilgas and the M/V Esso Balboa came into collision in Indonesian waters in the early morning of September 19, 1944. The vessels were proceeding in substantially opposite directions on prescribed courses under wartime restrictions and regulations. Each claimed the other was at fault. The problem involved is essentially factual.

The libel and cross-libel were tried together and consolidated for the purpose of the decree and any appeal therefrom...

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