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VALDESA COMPANIA NAVIERA v. FROTA NACIONAL de PETROLEIROS

No. 15100.

348 F.2d 33 (1965)

VALDESA COMPANIA NAVIERA, S.A. as Owner of the MOTOR TANKER CAPE ARAXOS, (Libellant), v. FROTA NACIONAL de PETROLEIROS and Petroleo Brasileiro, S.A., (Respondents) Appellants.

United States Court of Appeals Third Circuit.

Decided July 13, 1965.

Attorney(s) appearing for the Case

Morris Rosoff, Irving Fox, Rosoff & Rosoff, New York City, and Nathan Cholodenko, Newark, N. J., for appellants.

John B. Applegate, Schroeder & Applegate, Hoboken, N. J., and William A. Wilson, Pyne, Smith & Wilson, New York City, for appellee.

Before McLAUGHLIN, STALEY and SMITH, Circuit Judges.

STALEY, Circuit Judge.

The M/T Cape Araxos ran aground in June and September, 1960, in the harbor of Rio de Janeiro. The ship, which was owned by Valdesa Compania Naviera, S.A. ("owner"), was engaged in shipping certain petroleum products under charter party to Frota Nacional de Petroleiros ("charterer"), the agent of Petroleo Brasileiro, S.A. The owner has brought this suit against the charterer in the District Court for...

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