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SUN OIL COMPANY v. HUMBLE OIL AND REFINING CO.

No. 17870.

431 F.2d 1119 (1970)

Petition of SUN OIL COMPANY, as owner of TANK SHIP ATLANTIC SUN, for exoneration from and limitation of liability v. HUMBLE OIL AND REFINING CO., Claimant, Appellant.

United States Court of Appeals, Third Circuit.

Reargued June 23, 1970.

Decided October 2, 1970.

Rehearing Denied October 22, 1970.

Attorney(s) appearing for the Case

James F. Young, Krusen, Evans & Byrne, Philadelphia, Pa. (Raymond T. Letulle, Philadelphia, Pa., on the brief) for appellant.

Richard W. Palmer, Rawle & Henderson, Philadelphia, Pa., for appellee.

Reargued before HASTIE, Chief Judge, and SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Scattered on this record is the factual debris that remains when, unfortunately, two ships do not pass silently in the night. The collision on December 16, 1962, between the SS Atlantic Sun and the SS Esso New York, both loaded tankers, resulted in the filing of claims by the owners of both vessels. Following an extended trial, the district court determined that the Sun "did all that could...

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