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IN RE SEABOARD SHIPPING CORPORATION

Nos. 924-925, Dockets 35819, 71-1017.

449 F.2d 132 (1971)

In the Matter of the Complaint of SEABOARD SHIPPING CORPORATION, as owner of the BARGE OIL TRANSFER 32, Plaintiff-Appellee, for exoneration from or limitation of liability. Moran Inland Waterways Corporation and Moran Towing and Transportation Co., Inc., Claimants-Appellants. In the Matter of the Complaint of MORAN INLAND WATERWAYS CORPORATION, as owner, and Moran Towing & Transportation Co., Inc., as chartered owner of TUG MARGOT MORAN, Plaintiffs-Cross Appellees, for exoneration from or limitation of liability. Seaboard Shipping Corporation, Claimant-Cross Appellant.

United States Court of Appeals, Second Circuit.

Decided September 29, 1971.

Attorney(s) appearing for the Case

Eugene Underwood, Burlingham, Underwood, Wright, White & Lord, New York City (Robert B. Pohl, New York City, of counsel), for appellants and cross-appellees.

Edmund F. Lamb, Purdy, Lamb & Marchisio, New York City (Juvenal L. Marchisio, New York City, of counsel), for appellee and cross-appellant.

Before FRIENDLY, Chief Judge, and LUMBARD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

A barge owner (Seaboard) and a tug owner (Moran) are before the court on cross appeals, each blaming the other for the loss of the lives of two bargemen, whose survivors have already been compensated by settlement. The parties here reserved their rights against each other under the settlement.1 The court below held, 320 F.Supp. 229, in this exceptionally well-briefed case, that...

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