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UNITED STATES v. S.S. SOYA ATLANTIC

No. 8947.

330 F.2d 732 (1964)

UNITED STATES of America, owner of the U.S.S. DARBY (DE 218), Helen Hesson Crandell, Administratrix of the Estate of Charles Edward Crandell, deceased, and Bertha Louise Johnson, Administratrix of the Estate of Thomas Edward Johnson, deceased, Appellants, v. S.S. SOYA ATLANTIC, her engines, boilers, tackle, etc., in rem and against Rederi A/B Walltank, Owner of the S.S. Soya Atlantic, in personam, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 13, 1964.

Attorney(s) appearing for the Case

Alan Raywid, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Sherman L. Cohn and Charles D. Ferris, Attorneys, Dept. of Justice, and Joseph D. Tydings, U. S. Atty., on brief), for appellant, the United States.

Calvin E. Cohen, Annapolis, Md. (Wright & Cohen, Annapolis, Md., J. Calvin Carney and J. Calvin Carney, Jr., Baltimore, Md., on brief), for appellants, Crandell and Johnson.

Eugene F. Gilligan, New York City (Ober, Williams, Grimes & Stinson, Baltimore, Md.; Hill, Betts, Yamaoka, Freehill & Longcope; Eli Ellis, New York City, and Southgate L. Morison, Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, BOREMAN and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Circuit Judge.

We affirm the District Court's exculpation of the SS Soya Atlantic and its holding that the ship collision was the sole fault of the USS Darby, which miserably failed to heed its obligations as the burdened vessel. The two ships collided in clear, calm weather early one night in March 1960 shortly after the Soya Atlantic had left the mouth of Chesapeake Bay and had started her sea voyage south to Venezuela and as the inbound Darby was returning...

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