UNITED STATES v. S.S. MALDEN

Nos. 8042, 8044, 8082.

224 F.Supp. 705 (1963)

UNITED STATES of America, owner of the U.S.S. GEARING, Libelant, v. S.S. MALDEN, her engines, boilers, tackle, etc., in rem, and against Eastern Gas and Fuel Associates, a trust organized and existing under the laws of the State of Massachusetts, owner of the S.S. Malden, in personam, Respondents. MASSACHUSETTS TRUSTEES OF EASTERN GAS AND FUEL ASSOCIATES, MYSTIC STEAMSHIP DIVISION, owner of the Steamship Malden, Libelants, v. The UNITED STATES of America, owner of the U.S.S. Gearing (DD-710), and other Naval vessels steaming in the same formation, their engines, boilers, machinery, tackle, apparel, furniture, etc., Respondent. Petition of The MASSACHUSETTS TRUSTEES OF EASTERN GAS AND FUEL ASSOCIATES, MYSTIC STEAMSHIP DIVISION, as Owner of the S.S. Malden, for exoneration from or limitation of liability in a cause of limitation of liability, civil and maritime.

United States District Court E. D. Virginia, Norfolk Division.

December 31, 1963.


Attorney(s) appearing for the Case

Alan Raywid and Charles D. Ferris, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., Claude V. Spratley, Jr., U. S. Atty., for libelant.

Robert M. Hughes, III, and Charles R. Dalton, Jr., Seawell, McCoy, Winston & Dalton, Norfolk, Va., for respondents.


NORTHROP, District Judge.*

These cases arise out of a collision between the USS GEARING (DD-710) and the SS MALDEN which occurred in the early morning of July 10, 1959, in international waters near the entrance to Norfolk Harbor. A libel, Admiralty No. 8042, was filed by the United States, as owner of the GEARING, against the MALDEN and her owners, Massachusetts Trustees of the Eastern Gas and Fuel Associates, Mystic Steamship Division...

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