IN RE MARINE SULPHUR QUEEN

Nos. 457-460, Dockets 35228, 35233, 35235 and 35247.

460 F.2d 89 (1972)

In the Matter of the Vessel MARINE SULPHUR QUEEN. Marine Sulphur Transport Corporation, As Owner, Appellant, and Marine Transport Lines, Inc., As Demise Charterer, Appellant, Bethlehem Steel Corporation, Impleaded Respondent-Appellant, United States Fire Insurance Co., Cargo Claimant-Appellee and Appellant, Ida Ruth Heard et al., Death Claimants-Appellees and Appellants.

United States Court of Appeals, Second Circuit.

Decided April 25, 1972.


Attorney(s) appearing for the Case

John A. Sullivan, New York City (Cadwalader, Wickersham & Taft, William S. Busch, and Fred R. Profeta, Jr., New York City, on the brief), for appellants Marine Sulphur Transport Corp. and Marine Transport Lines, Inc.

Harold R. Medina, Jr., New York City (Cravath, Swaine & Moore, Ralph L. McAfee, David S. Cupps, Arnold P. Messing, and Ronald E. Guttman, New York City, on the brief), for impleaded respondent-appellant Bethlehem Steel Corp.

Douglas A. Jacobsen, New York City (Bigham, Englar, Jones & Houston, and Joseph J. Magrath, 3rd, New York City, on the brief), for cargo claimant-appellee and appellant, United States Fire Ins. Co.

Donald E. Klein, New York City, and George J. Duffy, Hoboken, N. J. (Herbert J. DeVarco, Chairman, Proctors Committee, Samuel Ackerman, New York City, Nathan Baker, Hoboken, N. J., Burton M. Epstein, Douglas A. Jacobsen, Herbert Lebovici, Thomas McElligott, Ned R. Phillips, Enrico S. S. Sanfilippo, and Jack Weinberger, New York City, on the brief), for death claimants-appellees and appellants.

Seward & Kissel, Eugene P. Souther, Martin C. Seham, New York City, Alfred E. May, and Edward P. Ruddy, Washington, D. C., on the brief for The American Institute of Merchant Shipping, American Maritime Ass'n and Shipbuilders Council of America, on the brief, amici curiae.

Before FRIENDLY, Chief Judge, ANDERSON, Circuit Judge, and BONSAL, District Judge.


ANDERSON, Circuit Judge:

The Marine Sulphur Queen (the Queen), a converted T-2 tanker laden with a cargo of molten sulphur, left a pier at Beaumont, Texas, with pilot aboard at 1330 C.S.T. on February 2, 1963. At 1900 the pilot was dropped at Sabine Bar Seabuoy and the vessel continued on her course for Norfolk, Virginia, with her estimated time of arrival at noon E.S.T. on February 7th. At 0125 E.S.T. on February 4th a personal message from a crew member was...

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