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OCEAN MARINE LIMITED v. UNITED STATES LINES COMPANY

No. 185, Docket 26933.

300 F.2d 496 (1962)

OCEAN MARINE LIMITED, as owner of THE Steamship SAN JUAN, Libelant-Appellant, v. UNITED STATES LINES COMPANY, Steamship THE AMERICAN CHIEF, Moran Towing & Transportation Co., Inc., and Tug THE MARTHA MORAN, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided March 16, 1962.

Attorney(s) appearing for the Case

John H. Hanrahan, Jr., of Foley & Martin, New York City, for libelant-appellant.

Elmer C. Maddy, of Kirlin, Campbell & Keating, New York City (Roy C. Megargel, New York City, on the brief), for appellees United States Lines Co. and Steamship American Chief.

Kenneth H. Volk, of Burlingham, Underwood, Barron, Wright & White, New York City (Eugene Underwood and Robert F. Lynch, of Burlingham, Underwood, Barron, Wright & White, New York City, on the brief), for appellees Moran Towing & Transportation Co., Inc., and Seaboard Shipping Corp.

Before LUMBARD, Chief Judge, and CLARK and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

Libelant, Ocean Marine Limited, owner of the steamship San Juan, appeals from the decision below holding the San Juan solely liable for damages sustained by that steamship and the barge Seaboard No. 77 as a result of a collision in New York Harbor between the San Juan and the Seaboard No. 77, then in tow of the tug Martha Moran. Judge Noonan rejected the San Juan's claims that the collision was caused by the fault or negligence of the Martha...

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