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LUCKENBACH STEAMSHIP COMPANY v. UNITED STATES

Nos. 215, 216, Dockets 27678, 27679.

315 F.2d 598 (1963)

LUCKENBACH STEAMSHIP COMPANY, Inc., as owner of the S.S. LENA LUCKENBACH, Libelant-Appellee, v. UNITED STATES of America, Respondent-Appellant, The Ministers of Transport, etc., for the United Kingdom of Great Britain and Northern Ireland, etc., Intervening-Petitioners-Appellants. UNITED STATES of America, as owner of the S.S. JAMES FENIMORE COOPER, Cross-Libelant-Appellant, v. LUCKENBACH STEAMSHIP COMPANY, Inc., as owner of the S.S. Lena Luckenbach, Cross-Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 22, 1963.

Attorney(s) appearing for the Case

Walter L. Hopkins, New York City (Joseph D. Guilfoyle, Asst. Atty. Gen., Vincent L. Broderick, U. S. Atty., Robert M. Morgenthau, U. S. Atty., Morton S. Hollander, Chief, Appellate Section, Civil Division, Dept. of Justice, Louis E. Greco, Attorney in Charge, New York Office, Admiralty & Shipping Section, Dept. of Justice), for the United States and intervening-petitioners.

Herbert M. Lord, New York City, Burlingham, Underwood, Barron, Wright & White, New York City, for libelant-cross-respondent-appellee.

Before FRIENDLY, SMITH and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

These appeals from a decree in admiralty by Judge Levet in the Southern District of New York relate to a collision twenty years ago, on April 20, 1943, between the Luckenbach vessel Lena Luckenbach and the James Fenimore Cooper, owned and operated by the United States, while the two ships were in convoy on the North Atlantic. The Lena was transporting consumable goods consigned to the British Government under the Lend-Lease (Defense Aid) Act...

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