SINCLAIR REFINING COMPANY v. THE MORANIA DOLPHIN


170 F.Supp. 586 (1959)

SINCLAIR REFINING COMPANY, as charterer in possession of THE P. W. THIRTLE, Libellant, v. THE MORANIA DOLPHIN, her machinery, etc., Dolphin Transportation Co., Inc., and Morania Oil Tanker Corp., Claimant-Respondents, and THE DALZELLEADER and EDNA M. MATTON, Dalzelleader, Inc. and Dalzell Towing Company, Inc., Claimant-Respondents-Impleaded.

United States District Court S. D. New York.

January 26, 1959.


Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, Stanley R. Wright, New York City, of counsel, for libellant.

C. John Dirosse, New York City, for claimant-respondents, Dolphin Transp. Co., Inc., and Morania Oil Tanker Corp.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, Henry C. Eidenbach, New York City, of counsel, for claimant-respondent-impleaded, The Dalzelleader, Dalzelleader, Inc., and Dalzell Towing Co.

Mahar & Mason, New York City, Frank C. Mason, New York City, of counsel, for claimant-respondent-impleaded, The Edna M. Matton, Matton Steamboat Co., Inc.


WEINFELD, District Judge.

The P. W. Thirtle, a super tanker, heavily laden with 200,000 barrels of petroleum products, was proceeding on New Year's Day, 1956 in Kill Van Kull, destined for Tremley Point, New Jersey. She was accompanied by the Tug Edna M. Matton on the starboard side forward and by the Tug Dalzelleader on the port side forward.

While proceeding westerly in the area of Howland Hook, the Thirtle, with Harbor Pilot Graham in control, sounded four...

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