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CALIFORNIA TRANSPORT CORPORATION v. UNITED STATES

198 F.Supp. 937 (1961)

CALIFORNIA TRANSPORT CORPORATION, as owner of THE S.S. A. N. KEMP, Libelant, v. UNITED STATES of America, Respondent. UNITED STATES of America, as owner of THE U.S.S. RIZZI, Libelant, v. THE S.S. A. N. KEMP, Respondent.

United States District Court S. D. New York.

November 8, 1961.

Attorney(s) appearing for the Case

Maclay, Morgan & Williams, New York City, Charles Dickerman Williams, New York City, of counsel, for California Transport Corporation.

Robert M. Morgenthau, U. S. Atty., New York City, Louis E. Greco, Attorney in Charge, Admiralty & Shipping Section, New York City, and George M. Bates, Attorney, Admiralty & Shipping Section, New York City, of counsel, for United States of America.

FREDERICK van PELT BRYAN, District Judge.

On the morning of July 28, 1957 at 0630 hours the super tanker A. N. Kemp and the U.S.S. Rizzi collided in Sandy Hook Channel. The owner of each vessel filed a libel claiming that the collision was caused solely by the fault of the other vessel. The two suits, consolidated for purposes of trial, have been tried before me.

The Kemp is a Liberian flag vessel owned by California Transport Corporation, a Liberian corporation...

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