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IN RE AMERICAN OIL COMPANY

No. 26455.

417 F.2d 164 (1969)

In the Matter of the Libel and Petition of the AMERICAN OIL COMPANY, as owner of the SS AMOCO VIRGINIA, her engines, tackle, apparel, etc., in a cause of exoneration from or limitation of liability. UNITED STATES of America, Claimant & Plaintiff-Appellant, v. AMERICAN OIL COMPANY, as owner of a cargo of gasoline and heating oil formerly laden on the SS Amoco Virginia, in personam, Libelant & Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 28, 1969.

Attorney(s) appearing for the Case

James R. Gough, Asst. U. S. Atty., Houston, Tex., William E. Gwatkin, III, Admiralty & Shipping Section, Civil Division, Department of Justice, Alan S. Rosenthal, Atty., Appellate Section, Civil Div., U. S. Dept. of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton L. Susman, U. S. Atty., for appellant.

Frank G. Harmon, Baker, Botts, Shepherd & Coates, Houston, Tex., James K. Nance, Atty., Alfred A. Lohne, New York City, Joe R. Greenhill, Jr., Houston, Tex., Mendes & Mount, New York City, of counsel, for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and COMISKEY, District Judge.

COMISKEY, District Judge:

The United States of America claims a salvage award on principles of maritime law. The lower court denied the salvor's claim. We reverse.

The S. S. AMOCO VIRGINIA was a steel hulled tank vessel of about 12,527 gross tons, approximately 571 feet in length owned by the American Oil Company. Just after midnight on Sunday, November 8, 1959 she was moored to the dock of the Hess Terminal Corporation, in the Houston Ship Channel near Galena...

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