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KERR-McGEE CORPORATION v. LAW

No. 72-2406.

479 F.2d 61 (1973)

KERR-McGEE CORPORATION, Appellee, v. William E. LAW, in personam, and as Owner and Claimant of the BARGE MICHAEL, In Rem, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1973.

Attorney(s) appearing for the Case

Morton H. Clark, Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va. on brief) for appellant.

Walkley E. Johnson, Jr., Norfolk, Va. (Crenshaw, Ware & Johnson, Norfolk, Va., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

This appeal involves the in personam liability of the owner of a vessel that is subject to a demise or bareboat charter and the in rem liability of the vessel for damage to cargo. Loaded with superphosphate, the Barge MICHAEL capsized and sank in high seas and heavy winds in the Chesapeake Bay while en route from Baltimore, Maryland to Williamston, North Carolina. The barge, owned by William E. Law, had been demised to Allied Towing Corporation...

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