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SCOTT-PAINE v. MOTORTANKER V. L. KEEGAN II

No. 88, Docket 29014.

339 F.2d 422 (1964)

John SCOTT-PAINE, as owner of the experimental PT BOAT PV-73, Libelant-Appellant, v. MOTORTANKER V. L. KEEGAN II, her engines, etc., and TANK BARGE HYGRADE, INC., Claimant-Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 8, 1964.

Attorney(s) appearing for the Case

Richard G. Ashworth, New York City (Haight, Gardner, Poor & Havens, and Raymond P. Hayden, New York City, of counsel, on the brief), for libelant-appellant.

Thomas J. Irving, New York City (Foley & Martin, New York City, on the brief), for claimant-respondent-appellee.

Before LUMBARD, Chief Judge, FRIENDLY and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge:

Suit was commenced on the admiralty side of the District Court for the Southern District of New York to recover for the damage to libelant's experimental PT boat, PV-73, allegedly caused by respondent's negligent operation of its motortanker Keegan. The District Judge, sitting as trier of fact, concluded that "under all the evidence in the case, libelant has failed to prove any negligence on the part of the Keegan causing ice damage to PV...

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