W. E. RIPPON & SON v. UNITED STATES

No. 303, Docket 29291.

348 F.2d 627 (1965)

W. E. RIPPON & SON, as owner of the SHEERLEGS PLUTO, et al., Libelant-Appellee, v. UNITED STATES of America, as owner of the U.S.N.S. OCKLAWAHA, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided June 18, 1965.


Attorney(s) appearing for the Case

Albert D. Jordan, New York City (Valicenti, Leighton, Reid & Stock, Robert J. Nicol, New York City, of counsel), for libelant-appellee.

Philip A. Berns, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Morton S. Hollander, Chief, Appellate Section, Civil Division, Southern Dist. of New York, Louis E. Greco, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, Harry L. Hall, Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., of counsel, Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, New York City, on the brief), for respondent-appellant.

Before MOORE, FRIENDLY and MARSHALL, Circuit Judges.


MOORE, Circuit Judge.

This is an appeal by the United States from a salvage award of $45,230.53 in admiralty to libelant, W. E. Rippon & Son (Rippon), a British corporation, for salvage services rendered to the U. S. N. S. "Ocklawaha." The facts, as found by the District Court, are not seriously in dispute, with the exception of the status of Captain Williams.

On February 28, 1959, the Ocklawaha went aground on...

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