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ESSO STANDARD OIL COMPANY v. THE SS. KAPOSIA

No. 361, Docket 24747.

259 F.2d 486 (1958)

ESSO STANDARD OIL COMPANY, a Delaware Corporation, Libellant-Appellee, v. THE SS. KAPOSIA, her engines, boilers, etc., and American Tankers Corporation, of Delaware, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided September 30, 1958

Attorney(s) appearing for the Case

Elmer C. Maddy, New York City (Kirlin, Campbell & Keating and Raymond T. Greene, New York City, on the brief), for libellant-appellee.

Thorolv T. Waaland, New York City (Satterlee, Browne & Cherbonnier and John H. Reilly, Jr., New York City, on the brief), for respondent-appellant.

Before CLARK, Chief Judge, and SWAN and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

This is an appeal from an interlocutory decree of the District Court for the Southern District of New York, Archie O. Dawson, J., sitting in admiralty, by which the respondent, American Tankers Corporation (American), was adjudged liable for damage resulting from the contamination of fluid cargo owned by libellant, Esso Standard Oil Company (Esso). The district court found that the contamination resulted from the negligence of American's employees...

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