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REPUBLIC OF UNITED STATES OF BRAZIL v. THE M/V "MARKLAND"

No. 18681.

290 F.2d 165 (1961)

REPUBLIC OF the UNITED STATES OF BRAZIL, Appellant, v. THE M/V "MARKLAND", Her engines, etc. and Rederiaktiebolaget Motortank, Appellees.

United States Court of Appeals Fifth Circuit.

May 17, 1961.

Attorney(s) appearing for the Case

Edward W. Watson, Houston, Tex., Frank J. McConnell, New York City, for appellant, Purrington & McConnell, New York City, Eastham, Watson, Dale & Forney, Houston, Tex., of counsel.

Bryan F. Williams, Jr., Royston, Rayzor & Cook, Galveston, Tex., for appellees.

Before TUTTLE, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal from a decree in admiralty, finding the Brazilian Steamer Loide Uruguai solely at fault for a collision with the Swedish Tanker Markland on the high seas in a fog. The case was tried to the court on full evidence, oral and written, including the testimony of Saar, Markland's Third Mate, who had the watch on Markland when the collision occurred and who testified orally, fully and clearly as to the events occurring preceding...

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