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PETITION OF OSKAR TIEDEMANN AND COMPANY

Nos. 13258, 13259.

289 F.2d 237 (1961)

Petition of OSKAR TIEDEMANN AND COMPANY for Exoneration from or Limitation of Liability. Oskar Tiedemann and Company, Appellant, Sabine Transportation Co., Hess Inc., American Trading & Production Corp., American Oil Company, Atlantic Refining Company, California Shipping Company, Cities Service Oil Company, Gulf Oil Corporation, Humble Oil & Refining Company (Esso), Keystone Shipping Company, National Bulk Carriers, Sinclair Refining Company, Socony Mobil Oil Company, Sun Oil Company, Texaco, Inc., Tidewater Oil Company and Trinidad Corporation, amici curiae. Petition of UNITED STATES of America and Mathiasen's Tanker Industries, Inc., for Exoneration from or Limitation of Liability as Owners of THE U.S. N.S. MISSION SAN FRANCISCO. United States of America and Mathiasen's Tanker Industries, Inc., Appellants.

United States Court of Appeals Third Circuit.

Decided April 10, 1961.

Rehearing Denied May 25, 1961.

Attorney(s) appearing for the Case

Harold G. Wilson, Washington, D. C. (William H. Orrick, Jr., George Cochran Doub, Asst. Attys. Gen., Leonard G. Hagner, U. S. Atty., Wilmington, Del., Morton Hollander, George Jaffin and Robert D. Klages, Attys., Dept. of Justice, Washington, D. C., on the brief), for the United States and Mathiasen's Tanker Industries.

T. E. Byrne, Jr., Philadelphia, Pa. (John W. Ennis, Jr., Krusen, Evans & Shaw, Philadelphia, Pa., P. A. Beck, New York City, Ernest S. Wilson, Jr., Morford, Young & Conaway, Wilmington, Del., on the brief), for Oskar Tiedemann & Co.

Arthur M. Boal, New York City (Raymond T. Greene, New York City, Richard F. Corroon, Wilmington, Del., Boal, McQuade & Fitzpatrick, Kirlin, Campbell & Keating, New York City, Berl, Potter & Anderson, Wilmington, Del., on the brief), for amici curiae.

Abraham E. Freedman, Philadelphia, Pa. (Marvin I. Barish, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for claimants-appellees.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.

GOODRICH, Circuit Judge.

These appeals, heard together, arise from interlocutory decrees (28 U.S.C. § 1292(a) (3)) of the United States District Court for the District of Delaware. That Court refused both exoneration and limitation of liability to the United States and Mathiasen's Tanker Industries, Inc. and denied exoneration but granted limitation of liability to Tiedemann and Co.1 The opinion fully and carefully discusses the Court...

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