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ESSO STANDARD OIL COMPANY v. OIL SCREW TUG MALUCO I

No. 9211.

332 F.2d 211 (1964)

ESSO STANDARD OIL COMPANY, a foreign corporation, Libellant, Appellant, v. OIL SCREW TUG MALUCO I and BARGE #127, their furniture, engines, tackle, apparel, etc., in rem, and M. F. Martin, Jr., and American Dredging Co., as Owners and/or Operators and/or Charterers of said vessels, in personam, Respondents, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 15, 1964.

Attorney(s) appearing for the Case

Robert M. Hughes, III, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellant.

Robert R. MacMillan, Norfolk, Va. (Breeden, Howard & MacMillan, Norfolk, Va. and James J. Bierbower, Washington, D. C., on brief), for appellees Oil Screw Tug Maluco I and M. F. Martin, Jr.

Before SOBELOFF, Chief Judge, and BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

A collision, "head and head", between the tanker M/S Esso Potomac and Barge 127, in tow of the tug Maluco, on the Potomac River at Alexandria, Virginia, about 1 o'clock A. M., April 30, 1959 is the subject of this appeal. Appropriate libels posited the issue of fault on cross charges of the tanker and the tug.1 The District Court concluded the tanker was solely...

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