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OIL TRANSFER CORPORATION v. ATLANTIC TANKERS, LTD.

No. 106, Docket 27090.

297 F.2d 367 (1962)

OIL TRANSFER CORPORATION, as owner of the M/V Otco Bayway, Libelant-Appellant, v. ATLANTIC TANKERS, LTD., as owner of the Atlantic Prince, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 3, 1962.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City (John C. Hart, New York City, of counsel), for libelant-appellant.

Foley & Martin, New York City (John H. Hanrahan, Jr., New York City, of counsel), for respondent-appellee.

Before WATERMAN, SMITH and MARSHALL, Circuit Judges.

PER CURIAM.

The two tankers involved in this litigation collided in the Kill van Kull, one of the busier waterways in the New York Harbor area, at about 4:45 A.M. on January 6, 1959. It was a cold night with the temperature at about 10° above zero, Fahrenheit.

The Otco Bayway was adrift broadside in the ship-channel. She was ice-encrusted, the ice in some places being as much as two feet thick. Her anchors were frozen forward, her capstans and windlasses...

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