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PETITION OF OSKAR TIEDEMANN AND COMPANY

Nos. 15203, 15293, 15280.

367 F.2d 498 (1966)

Petition of OSKAR TIEDEMANN AND COMPANY, for Exoneration From or Limitation of Liability as Owners of the S.S. ELNA II. Oskar Tiedemann and Company, Appellant in No. 15203. United States of America, Appellant in No. 15293. Mathiasen's Tanker Industries, Inc., Appellant in No. 15280.

United States Court of Appeals Third Circuit.

Decided September 12, 1966.

Attorney(s) appearing for the Case

Thomas E. Byrne, Jr., Krusen, Evans & Byrne, Philadelphia, Pa., for appellant Oskar Tiedemann & Co.

Leavenworth Colby, Atty., Admiralty and Shipping Section, Civ. Div., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on the brief), for Mathiasen's Tanker Industries, Inc., and the United States.

Abraham E. Freedman, Freedman, Borowsky & Lorry, Philadelphia, Pa. (Martin J. Vigderman, Philadelphia, Pa., on the brief), for claimants-appellees except David Black in all cases.

William Warner, Symmers, Fish & Warner, New York City, for appellee David Black in Nos. 15,280 and 15,293.

Before HASTIE and GANEY, Circuit Judges, and CLARY, District Judge.

OPINION OF THE COURT

HASTIE, Circuit Judge.

This litigation is the aftermath of a disastrous collision in the Delaware River between the cargo ship Elna II, owned by Oskar Tiedemann and Co., and the tanker Mission San Francisco, owned by the United States and operated for the government by Mathiasen's Tanker Industries a private corporation. As a result of the collision, the Elna II was badly damaged, while the government owned tanker exploded and sank....

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