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ESSO STANDARD OIL COMPANY v. THE PRESIDENT GARFIELD

Nos. 327, 328, Docket 26142, 26143.

279 F.2d 540 (1960)

ESSO STANDARD OIL COMPANY, as Owner of THE ESSO BARGE NO. 21, Libelant-Cross-Appellant, v. THE PRESIDENT GARFIELD and American President Lines, Ltd., Claimant-Respondent-Appellant. AMERICAN PRESIDENT LINES, LTD., Cross-Libelant-Appellant, v. THE ESSO NEW HAMPSHIRE and Esso Barge No. 21 and ESSO BARGE NO. 17, and Esso Standard Oil Company, Cross-Respondent-Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided June 1, 1960.

Attorney(s) appearing for the Case

Stephen J. Buckley, New York City (Raymond T. Greene, and Kirlin, Campbell & Keating, New York City on the brief), for appellee and cross-appellant, Esso Standard Oil Company.

William Warner, New York City (William G. Symmers, Peter J. Malloy, Jr., and Symmers, Fish & Warner, New York City, on the brief), for appellant and cross-appellee, American President Lines, Ltd.

Before LUMBARD, Chief Judge, MEDINA, Circuit Judge, and JAMESON, District Judge.

MEDINA, Circuit Judge.

These are cross-appeals from a decree holding both vessels at fault in two consolidated cases arising out of a collision in the North River, between the New York and New Jersey shores, shortly after half past six in the morning of August 22, 1956. Visibility was from one to three miles, despite a slight haze, the wind was light from the Northeast and there was almost no current as it was at the end...

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