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IN RE CHINESE MARITIME TRUST, LTD.

No. 747, Docket 72-1968.

478 F.2d 1357 (1973)

Complaint of CHINESE MARITIME TRUST, LTD., Plaintiff-Appellant, as Owner of the STEAMSHIP SIAN YUNG, for Exoneration from or Limitation of Liability. REPUBLIC OF VIETNAM and Tong Cuoc Tiep Te (General Supply Agency) and Union Textile Corp., et al., Cargo Claimants, v. PANAMA CANAL COMPANY, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 30, 1973.

Attorney(s) appearing for the Case

David C. Wood, New York City, (Daniel K. Read, Hill, Betts & Nash, New York City, of counsel), for plaintiff-appellant.

Philip A. Berns, Atty., Admiralty and Shipping Section, Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., Whitney North Seymour, Jr., U. S. Atty., S. D. New York, Gilbert S. Fleischer, Atty. in Charge, and Warren A. Schneider, Atty., Admiralty and Shipping Section, New York, Dept. of Justice, New York City, of counsel), for Panama Canal Co.

Before BREITENSTEIN, KAUFMAN and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

On December 6, 1970, the S.S. Sian Yung, owned by Chinese Maritime Trust Ltd., sank in the Panama Canal. Since the sunken hull obstructed travel by vessels in this heavily traversed navigable waterway, removal efforts were commenced by the Panama Canal Company ("Canal Co."), an agency of the United States, after the latter had been advised by the owner that it had abandoned the vessel to its insurance underwriter and that the underwriter...

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