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MAROCEANO COMPANIA NAVIERA S. A. v. S. S. VERDI

Nos. 396, 397, Dockets 35106, 35202.

438 F.2d 854 (1971)

MAROCEANO COMPANIA NAVIERA S. A. as Owner of S. T. PENTELIKON, Plaintiff-Appellant, v. S. S. VERDI, her engines, etc., Italia Societa di Navigazione (Italian Line), Defendant-Appellee. S. S. VERDI, her engines, etc., Italia Societa di Navigazione (Italian Line), Plaintiff-Appellant, v. MAROCEANO COMPANIA NAVIERA S. A. as Owner of S. T. Pentelikon, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 8, 1971.

Attorney(s) appearing for the Case

Nicholas J. Healy, New York City (Healy & Baillie, Allan A. Baillie and John C. Koster, New York City, of counsel), for Maroceano Compania Naviera S.A. as Owner of S. T. Pentelikon.

Eugene Underwood, New York City (Burlingham, Underwood, Wright, White & Lord, Kenneth H. Volk and Frank L. Wiswall, Jr., New York City, of counsel), for Italian Line and the S. S. Verdi, her engines, etc.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

These consolidated actions arise out of a collision in the early morning of April 16, 1964 between the "Pentelikon," a single screw steam turbine driven oil tanker owned by Maroceano Compania Naviera S.A., and the "Verdi," a twin screw passenger and freight vessel owned by Italia Societa di Navigazione. The parties will be designated by the names of the vessels owned by them, respectively. The trial court found both vessels equally at fault and...

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