CALIFORNIA TRANSPORT CORPORATION, as owner of the S.S. A. N. Kemp, Libelant-Appellee,
v.
UNITED STATES of America, Respondent-Appellant.
UNITED STATES of America, as owner of the U.S.S. RIZZI, Libelant-Appellant,
v.
The S.S. A. N. KEMP, Respondent-Appellee.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued October 24, 1962.
Decided January 3, 1963.
Attorney(s) appearing for the Case
Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Robert M. Morgenthau, Vincent L. Broderick, U. S. Attys., Morton S. Hollander, Chief, Appellate Section, Civil Div., Dept. of Justice, Louis E. Greco, Atty. in Charge, New York Office, Admiralty & Shipping Section, Dept. of Justice, G. M. Bates, Atty., Admiralty & Shipping Section, Dept. of Justice, for libelant-appellant.
Choate, Mitchell, Baker & Nelson, New York City (Charles Dickerman Williams, New York City, of counsel), for libelant-appellee.
Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.
United States Court of Appeals Second Circuit.
LEONARD P. MOORE, Circuit Judge.
The careful and sound analysis of the facts and the proper determination of fault made by the trial court (198 F.Supp. 937) are adopted by this court. This is just another case in which the collision in theory should not have occurred. The weather was fair and sunny and the visibility excellent, the sea smooth and the wind light. The Kemp, a heavily loaded tanker and the U. S. S. Rizzi, a naval...
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