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NATIONAL TRANSPORT CORP. v. TUG ABQAIQ

No. 175, Docket 32995.

418 F.2d 1241 (1969)

NATIONAL TRANSPORT CORP., as Owner of the Tanker, National Defender, Plaintiff-Appellee, v. The TUG ABQAIQ, her engines, boilers, etc., and Arabian American Oil Company, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided December 11, 1969.

Attorney(s) appearing for the Case

Alvin L. Stern, New York City (Melvin J. Tublin and Poles, Tublin, Patestides & Stratakis, New York City, on the brief), for plaintiff-appellee.

Arthur M. Boal, New York City (Boal, McQuade & Fitzpatrick, New York City, on the brief), for defendants-appellants.

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

PER CURIAM:

The findings are not clearly erroneous. On the contrary the testimony and the exhibits do no more than present the usual questions of fact, and Judge Cooper has stated the factual issues and disposed of them in a comprehensive and lucid opinion, reported at 294 F.Supp. 1080 (S.D.N.Y.1968). The critical finding is the one rejecting the version of the docking operation testified to by Jaber Mohammed, captain of the Tug...

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