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UNITED PHILIPPINE L., INC. v. SUBMARINE USS DANIEL BOONE

No. 72-2083.

475 F.2d 478 (1973)

UNITED PHILIPPINE LINES, INC. as owner of the M/V PHILIPPINE PRESIDENT QUEZON, Appellee, v. The SUBMARINE USS DANIEL BOONE (SSBN629), her engines, apparel, etc., in rem, and the United States of America in personam, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 21, 1973.

Attorney(s) appearing for the Case

Robert E. Kopp, Atty., United States Department of Justice (Harlington Wood, Jr., Asst. Atty. Gen., Brian P. Gettings, U. S. Atty., on brief), for appellants.

R. Arthur Jett, Jr., Norfolk, Va. (Waverley L. Berkley, III, and Jett, Berkley, Furr & Heilig, Norfolk, Va., on brief), for appellee.

Before CRAVEN, BUTZNER and WIDENER, Circuit Judges.

CRAVEN, Circuit Judge:

Near high noon on a bright day, with visibility unlimited, the United States' nuclear-powered submarine Daniel Boone (SSBN629) turned into collision course with M/V Philippine President Quezon. Immediately prior to collision, the submarine was proceeding at flank speed (15-16 knots) in usually congested waters (just out of Thimble Shoals Channel) and the Quezon was engaged in picking up a pilot off Cape Henry, Virginia, and was highly unmaneuverable...

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