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ATLANTIC REFINING COMPANY v. MATSON NAVIGATION CO.

No. 12340.

253 F.2d 777 (1958)

The ATLANTIC REFINING COMPANY, Owner of the Tankship Atlantic Trader, Appellee, v. MATSON NAVIGATION COMPANY, Owner of the Steamship Hawaiian Retailer, Appellant.

United States Court of Appeals Third Circuit.

Decided April 3, 1958.

Attorney(s) appearing for the Case

MacDonald Deming, New York City (Springer H. Moore, Jr., Krusen, Evans & Shaw, Philadelphia, Pa., Richard G. Ashworth, Haight, Gardner, Poor & Havens, New York City, on the brief), for appellant.

Thomas F. Mount, Philadelphia, Pa. (Rawle & Henderson, Harrison G. Kildare, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In this admiralty case the facts are stipulated. They show that the tanker Atlantic Trader, on December 16, 1950, proceeding in the Delaware River fouled her propeller and tailshaft on a buoy chain. A survey determined she had not been rendered unseaworthy and the repairs were deferred until her next drydocking. On January 29, 1951, she suffered bottom damage arising out of a grounding as the result of appellant's

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