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AFRAN TRANSPORT COMPANY v. UNITED STATES

Nos. 121, 122, Dockets 34302, 34303.

435 F.2d 213 (1970)

AFRAN TRANSPORT COMPANY, as Owner of the STEAMSHIP NORTHERN GULF, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. BRITISH AMERICAN OIL CO., Ltd., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, and S.S. Northern Gulf and Afran Transport Company, Claimants-Third Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 1, 1970.

Rehearing Denied January 18, 1971.

Attorney(s) appearing for the Case

Joseph C. Smith, New York City (Stanley R. Wright and Burlingham, Underwood, Wright, White & Lord, New York City, on the brief), for plaintiff-appellee Afran Transport Co.

George B. Warburton, New York City (Hill, Rivkins, Warburton, McGowan & Carey, New York City, on the brief), for plaintiff-appellee British American Oil Co., Ltd.

Ronald R. Glancz, Atty., Dept. of Justice, Washington, D. C. (Robert V. Zener, Atty., William D. Ruckelshaus, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., and Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City, on the brief), for defendant-appellant.

Before MEDINA, WATERMAN and FEINBERG, Circuit Judges.

MEDINA, Circuit Judge:

This case arises out of the stranding on November 25, 1963 of the supertanker Northern Gulf on the westerly tip of West Cod Ledge Rock in Casco Bay, approaching the harbor of Portland, Maine. There was considerable damage to the vessel, a good part of her cargo was lost and the Maine shoreline suffered extensive pollution. Judge Tenney's opinion is reported at 309 F.Supp. 650. The underlying cause of the...

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