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FITZGERALD v. WESTLAND MARINE CORPORATION

No. 163, Docket 30641.

369 F.2d 499 (1966)

Thomas I. FITZGERALD, Public Administrator for the County of New York, as Administrator of the Estates of Julian Diaz Marcuartu, et al., Appellant, v. WESTLAND MARINE CORPORATION, Mitsubishi Heavy Industries, Ltd., and Pacific Grain Corp., Ltd., Appellees.

United States Court of Appeals Second Circuit.

Decided November 17, 1966.

Attorney(s) appearing for the Case

Charles Sovel, New York City (Abraham E. Freedman, Harry Wallach, New York City, on the brief), for appellant.

Robert V. Corbett, Astoria, N. Y., of Cardillo & Mooney, New York City, for appellee Westland Marine Corp.

Wharton Poor, New York City (Shozo F. Tsuchida, Charles F. Schirmeister, R. Glenn Bauer, Haight, Gardner, Poor & Havens, Reid & Priest, New York City, on the brief), for appellee Mitsubishi Heavy Industries, Ltd.

Francis J. O'Brien, New York City (Philip J. Curtin, Zock, Petrie, Sheneman & Reid, New York City, on the brief), for appellee Pacific Grain Corp., Ltd.

Before LUMBARD, Chief Judge, and MEDINA and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

On or about December 18, 1964, while en route from Vancouver, British Columbia, to Yokohama, Japan, the S/S San Patrick ran aground on one of the Aleutian Islands, broke up and sank. The Public Administrator for the County of New York filed a complaint on behalf of the estates of the 31 Spanish nationals and one Yugoslav, who comprised the ship's crew and who perished in the tragedy. Claims were made against the three defendants: Westland Marine...

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