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DEEP SEA TANKERS v. THE LONG BRANCH

Nos. 8-11, Dockets 24439-24442.

258 F.2d 757 (1958)

DEEP SEA TANKERS, Limited, in its own behalf, as owner of THE s/t RINCON HILLS, and as bailee of the cargo laden thereon, and Shell Oil Company, Incorporated, as charterer of said vessel, Libelants-Appellants, v. THE steamtug LONG BRANCH, the Railway Carfloats THE NO. 61 and THE NO. 56, Central Railroad Company of New Jersey, the steamtugs THE AJAX and THE BJAX, the sand barges THE A, THE B, and THE C, and Metropolitan Sand & Gravel Corporation, Respondents-Appellees. Petition of the CENTRAL RAILROAD COMPANY of New Jersey, as owner of the steamtug Long Branch for exoneration from or limitation of liability. Petition of the CENTRAL RAILROAD COMPANY of New Jersey, as owner of the carfloat known and designated as THE CRR OF NJ NO. 56, for exoneration from or limitation of liability. Petition of the CENTRAL RAILROAD COMPANY of New Jersey, as owner of the carfloat known and designated as THE CRR OF NJ NO. 61, for exoneration from or limitation of liability.

United States Court of Appeals Second Circuit.

Decided July 14, 1958.

Attorney(s) appearing for the Case

Charles S. Haight, New York City (Robert M. Julian, Gordon W. Paulsen, Richard G. Ashworth and Haight, Gardner, Poor & Havens, New York City, on the brief), for libelants-appellants.

Leo F. Hanan, New York City (Charles J. Carroll, Jr., and Machlin, Speer, Hanan & McKernan, New York City, on the brief), for respondent-appellee Metropolitan Sand & Gravel Corp.

Gerald J. McKernan, New York City (Vincent E. McGowan, New York City, on the brief), for respondent-appellee Central R. Co. of New Jersey.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

On November 26, 1951, shortly after twelve o'clock noon, the "Rincon Hills," a Canadian tanker, grounded on Dimond Reef, off Governors Island in New York Harbor, and the damage to the ship and cargo is said to exceed one million dollars. Deep Sea Tankers, Limited, as owner of the "Rincon Hills" and bailee of her cargo, and Shell Oil Company, Incorporated, as charterer, within a few days filed a libel against certain tugs and tows of Central...

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