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AFRAN TRANSPORT CO. v. THE BERGECHIEF

Nos. 129 and 130, Docket 25600 and 25601.

274 F.2d 469 (1960)

AFRAN TRANSPORT CO., Appellee-Cross-Appellant, v. THE BERGECHIEF, her engines, etc., A/S Sneffon, Appellant-Cross-Appellee. A/S SNEFFON, Appellant-Cross-Appellee, v. THE BURGAN, her engines, etc., and Afran Transport Company, Appellee-Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided January 26, 1960.

Attorney(s) appearing for the Case

MacDonald Deming, New York City (Richard G. Ashworth, Terence J. Creighton, and Haight, Gardner, Poor & Havens, New York City, on the brief), for appellant-cross-appellee, A/S Sneffon.

Stanley R. Wright, New York City (H. Barton Williams and Burlingham, Hupper & Kennedy, New York City, on the brief), for appellee-cross-appellant, Afran Transport Company.

Before MAGRUDER, MEDINA and FRIENDLY, Circuit Judges.

MEDINA, Circuit Judge.

At 8:31 a. m. on May 24, 1955, on the tail end of the flood tide going into Portland, Maine, and less than a mile west of the Portland light vessel, two tankers collided in a dense fog, with visibility zero. The trial judge found both vessels to blame and his opinion and findings are reported at 170 F.Supp. 893.

The larger of the two vessels was the single screw Steam Tanker Burgan, 624' 10" long...

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