Petition of MARINA MERCANTE NICARAGUENSE, S.A., as owner of the MOTOR VESSEL EL SALVADOR, for exoneration from or limitation of liability, Petitioner-Appellant-Appellee.
Petition of McALLISTER BROTHERS, INC., as owner of the TUG RUSSELL NO. 18 for exoneration from or limitation of liability, Petitioner-Appellee-Appellant.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued May 24, 1966.
Decided July 21, 1966.
Attorney(s) appearing for the Case
Victor S. Cichanowicz, New York City (Cichanowicz & Callan, New York City, Stanley R. Wright, William P. Larsen, New York City, of counsel), for Marina Mercante Nicaraguense, S. A.
Christopher E. Heckman, New York City (Foley & Martin, New York City, Thomas J. Irving, New York City, of counsel), for McAllister Brothers, Inc.
Thomas E. P. McElligott, New York City (Fields, Rosen, McElligott & Auslander, New York City), for claimant, Virginia Ruth Evans.
John J. Purcell, New York City (Lilly, Sullivan & Purcell, New York City, Frank C. Mason, New York City, of counsel), for claimant, Catherine Marie Fargo.
Martin J. McHugh, New York City (Mahar & Mason, New York City), for claimant, Theresa F. Salvesen.
Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.
United States Court of Appeals Second Circuit.
FRIENDLY, Circuit Judge:
In a typically thorough opinion, 248 F.Supp. 15 (1965), to which we refer for a full account of the facts, Judge Weinfeld in the District Court for the Southern District of New York found Marina Mercante Nicaraguense, S. A., owner of the M/V El Salvador, and McAllister Brothers, Inc., owner of the Tug Russell 18, liable for the deaths of three crewmen drowned when the tug sank in the Port Elizabeth Channel...
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