PETITION OF OSKAR TIEDEMANN AND COMPANY

Nos. 1764, 1765.

179 F.Supp. 227 (1959)

Petition of OSKAR TIEDEMANN AND COMPANY for exoneration from or limitation of liability, as owners of THE SS ELNA II. Petition of the UNITED STATES of America and Mathiasen's Tanker Industries, Inc., for exoneration from or limitation of liability as owners of THE USNS MISSION SAN FRANCISCO.

United States District Court D. Delaware.

November 13, 1959.


Attorney(s) appearing for the Case

Ernest S. Wilson, Jr., of Morford, Young & Conaway, Wilmington, Del.; Thomas E. Byrne, Jr., and John W. Ennis, of Krusen, Evans & Shaw, Philadelphia, Pa.; Perry A. Beck, New York City, for petitioner Oskar Tiedemann and Co.

Leonard G. Hagner, U. S. Atty., Robert W. Wakefield, Asst. U. S. Atty., Wilmington, Del., Harold G. Wilson and William C. Baker, Washington, D. C., for petitioner United States.

Harold Leshem and Harvey B. Rubenstein, Wilmington, Del., Abraham E. Freedman and Marvin I. Barish, of Freedman, Landy & Lorry, Philadelphia, Pa., for various claimants.

Wilfred J. Smith, Jr., and Frank J. Gentile, Jr., Wilmington, Del., John D. Richardson, Houston, Texas, for Ruth Allen, claimant.

William H. Foulk, Wilmington, Del., and Benjamin F. Stahl, Jr., Philadelphia, Pa., for Captain Henri V. Rice.

Henry A. Wise, Jr., Wilmington, Del., and Marvin Schwartz, New York City, for claimant Healy.

Herbert L. Cobin, Wilmington, Del., for various claimants.


LAYTON, District Judge.

On March 7, 1957, about 12:20 in the morning, the USNS "Mission San Francisco" (Mission), northbound, and the S.S. "Elna II" (Elna), southbound, collided in the close proximity of Buoy 1D on the Deepwater Range of the Delaware River about two miles south of New Castle. The collision was followed by two shattering explosions aboard Mission as the result of which her midship housing collapsed and sank into her hull, she broke in two and sank...

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