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TUG RAVEN v. TREXLER

Nos. 13216-13220.

419 F.2d 536 (1969)

TUG RAVEN and Vermillion Towing Corporation, Appellants, v. Mrs. Myrtle Lucille Goodman TREXLER, Administratrix of the Estate of Robert W. Trexler, deceased, Crown Central Petroleum Corporation, et al., Appellees. BARGE #104 and Southern Transportation Co., Inc., Appellants, v. Mrs. Myrtle Lucille Goodman TREXLER, Administratrix of the Estate of Robert W. Trexler, deceased, Crown Central Petroleum Corporation, et al., Appellees. Richard S. SMITH, Appellant, v. CROWN CENTRAL PETROLEUM CORPORATION et al., Appellees. Margaret R. CAVEDO, Mary A. Cavedo, John and Joyce Mae Fulton, and Mr. and Mrs. Edward L. Butts, Appellants, v. CROWN CENTRAL PETROLEUM CORPORATION et al., Appellees. J. B. MORRIS and William H. Clark, Appellants, v. CROWN CENTRAL PETROLEUM CORPORATION et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 31, 1969.

As Modified of Denial of Rehearing January 22, 1970.

Attorney(s) appearing for the Case

Waverly L. Berkley, III, Norfolk, Va., and Eli Ellis, New York City (R. Arthur Jett, Jett, Sykes & Berkley, Norfolk, Va., and Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on brief), for appellants.

Robert M. Hughes, III, and Harry E. McCoy, Norfolk, Va., for appellee Crown Central Petroleum Corporation.

Sidney H. Kelsey, Norfolk, Va. (Kelsey & Owens, Norfolk, Va., on brief), for appellee Trexler.

Before HAYNSWORTH, Chief Judge, and BOREMAN and WINTER, Circuit Judges.

WINTER, Circuit Judge:

These appeals flow from the extensive litigation which resulted from an holocaust on the James River and adjacent shore facilities in the City of Richmond. In the early morning hours of July 5, 1961, Tank Barge #104, with the Tug RAVEN alongside, was moored at the dock of Crown Central Petroleum Company ("Crown"), discharging gasoline into Crown's storage tanks ashore. A fire erupted which brought about the death of a crew member of the tug...

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